Chapter 290

Laws of Minnesota 1989
CHAPTER 290-H.F.No. 59
An act relating to crime; authorizing bonding for
capital improvements; increasing penalties for
controlled substance offenses; increasing penalties
for murder and criminal sexual conduct; permitting
courts to sentence dangerous offenders and career
criminals to longer periods of incarceration; denying
release to certain heinous murderers; increasing
minimum parole eligibility date for persons serving a
life sentence for first degree murder; increasing
statutory maximum sentences for the crimes of failure
to report an accident, failure to use a drug stamp,
possessing explosives, restraint of trade,
manslaughter in the second degree, criminal vehicular
operation, assault, child abuse, parental kidnapping,
manslaughter of an unborn child, assault of an unborn
child, criminal sexual conduct in the fourth degree,
perjury, fleeing a peace officer, negligently causing
a fire, and bribery; making it a crime for a repeat
DWI violator to refuse a breath test; permitting
courts to sentence dangerous or patterned sex
offenders to longer periods of incarceration and
supervision; imposing a mandatory sentence for third
criminal sexual conduct conviction; extending the
statute of limitations for criminal sexual conduct;
providing for sex offender treatment programs;
creating a permissible inference that occupants of a
room and drivers of automobiles knowingly possess
controlled substances found there; lowering threshold
for forfeiture of vehicles and real estate in
connection with a controlled substance offense;
requiring courts to order forfeiture of property
subject to forfeiture; imposing a gross misdemeanor
penalty for selling tobacco to a minor; establishing
an office of drug policy in the department of public
safety; requiring testing for and reporting of
prenatal exposure to controlled substances; providing
for coordination of drug programs; providing for the
admissibility of DNA evidence; providing access to
certain data; expanding the theft statute to include
unauthorized use of a motor vehicle; authorizing a
community resources program; authorizing establishing
multidisciplinary chemical abuse prevention teams;
appropriating money; amending Minnesota Statutes 1988,
sections 14.02, subdivision 4; 152.01, subdivision 7,
and by adding subdivisions; 152.096, subdivision 1;
152.097, by adding a subdivision; 152.151; 152.18,
subdivision 1; 152.20; 152.21, subdivision 6; 169.09,
subdivision 14; 169.121, subdivisions 1, 1a, 3, and
3b; 169.123, subdivision 2; 169.126, subdivision 4;
243.05, subdivision 1; 243.18; 243.55, subdivision 1;
244.04, subdivision 1; 244.05, subdivisions 1, 2, 3,
4, and 5; 244.09, subdivision 5; 253B.02, subdivisions
2 and 10; 260.125, subdivision 3; 260.185, subdivision
1; 297D.09, subdivision 1a; 299F.80, subdivision 1;
325D.56, subdivision 2; 340A.701; 340A.702; 364.09;
388.14; 526.10; 609.11, subdivisions 7 and 9; 609.185;
609.205; 609.21; 609.221; 609.222; 609.223; 609.2231,
subdivision 1; 609.255, subdivision 3; 609.26,
subdivisions 1 and 6; 609.2665; 609.267; 609.323,
subdivision 1; 609.341, subdivision 11; 609.342,
subdivision 2; 609.343, subdivision 2; 609.344,
subdivision 2; 609.345, subdivision 2; 609.346,
subdivisions 2 and 3, and by adding a subdivision;
609.377; 609.445; 609.48, subdivision 4; 609.487,
subdivision 4; 609.52; 609.53, subdivisions 1 and 4;
609.531, subdivision 1; 609.5311, subdivision 3;
609.5314, subdivision 1; 609.5315, subdivision 1;
609.576; 609.62, subdivision 2; 609.631, subdivision
2; 609.685, subdivision 2, and by adding a
subdivision; 609.86, subdivision 3; 611A.038; 624.701;
626.52, subdivision 3; 626.556, subdivision 2; and
628.26; Laws 1989, chapter 5, section 3; proposing
coding for new law in Minnesota Statutes, chapters
121; 152; 241; 242; 243; 244; 299A; 299C; 299F; 609;
626; and 634; repealing Minnesota Statutes 1988,
sections 152.09; 152.15, subdivisions 1, 2, 2a, 2b, 3,
4a, and 5; 609.53, subdivisions 1a, 3, and 3a; and
609.55 as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [BOND SALE; APPROPRIATION FOR CAPITAL
IMPROVEMENT.]
Subdivision 1. [APPROPRIATION; BOND SALE.] $10,755,000 isappropriated from the state building fund to the department ofadministration to convert portions of the regional treatmentcenter at Faribault for use as a medium security correctionalfacility for adult males.To provide the money appropriated by this section from thestate building fund, the commissioner of finance on request ofthe governor shall sell and issue bonds of the state in anamount up to $10,755,000 in the manner, upon the terms, and withthe effect prescribed by Minnesota Statutes, sections 16A.631 to16A.675, and by the Minnesota Constitution, article XI, sections4 to 7.Subd. 2. [DEBT SERVICE.] The commissioner of finance shallschedule the sale of state general obligation bonds authorizedto be issued under this section so that, during the bienniumending June 30, 1991, no more than $1,553,000 will need to betransferred from the general fund to the state bond fund to payprincipal and interest due and to become due on them, inaddition to limits in other law placed on debt service on stategeneral obligation bonds for the biennium or either fiscal yearof it. The commissioner shall adjust the amount of bondsscheduled to be sold so as to remain within the limit set bythis section. The amount needed to make the debt servicepayments is appropriated from the general fund as provided inMinnesota Statutes, section 16A.641.
Sec. 2. [CRIME AND CORRECTIONS; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" areappropriated from the general fund, or any other fund named, tothe agencies and for the purposes specified in the followingsections of this act, to be available for the fiscal yearsindicated for each purpose. The figures "1990" and "1991,"where used in this act, mean that the appropriation orappropriations listed under them are available for the yearending June 30, 1990, or June 30, 1991, respectively.
SUMMARY BY FUND
1990 1991 TOTAL
General $31,265,000 $28,499,000 $59,764,000
APPROPRIATIONS
Available for the Year
Ending June 30,
1990 1991
Sec. 3. COMMISSIONER OF CORRECTIONS
Subdivision 1. Appropriation by Fund
General Fund $22,647,000 $26,251,000
The amounts that may be spent from the
appropriations for each program and
activity are more specifically
described in the following subdivisions.
Subd. 2. Correctional
Institutions 14,470,000 16,519,000
Of this amount $5,713,000 in fiscal
year 1990 and $9,337,000 in fiscal year
1991 are to pay operating costs of the
facility at Faribault. The
department's complement is increased by
up to 245 positions in both years of
the biennium.
Of this amount $1,957,000 is to pay
start-up costs associated with
conversion of portions of the regional
treatment center at Faribault to a
medium-security correctional facility.
Of this amount, $63,000 in fiscal year
1990 and $332,000 in fiscal year 1991
are to establish and operate two
additional sex offender programs within
state correctional facilities. The
department's complement is increased by
one position in 1990 and up to eight
positions in 1991.
Any unexpended money in the fiscal year
1990 appropriation for conversion and
operation of the facility at Faribault
is available in fiscal year 1991.
During the biennium ending June 30,
1991, the commissioner shall give
preference in recruiting, training, and
hiring to employees of the department
of human services whose positions are
eliminated by implementation of the
regional treatment center restructuring
plan when filling correctional facility
positions located on regional treatment
center campuses.
Agreements between the commissioner of
corrections and the commissioner of
human services concerning operation of
a correctional facility on a campus of
a regional treatment center shall
include provisions for operation of the
kitchen and laundry facilities by the
commissioner of human services. The
department of human services shall
operate the kitchen and laundry
facilities until the department of
human services has completed its
restructuring plan at the regional
treatment center.
Rogers Hall at Faribault regional
treatment center may be used by the
department of human services for
developmentally disabled persons and
may not be used by the department of
corrections until the legislature
specifically authorizes another use for
the building.
The commissioner may enter into
agreements with the appropriate
officials of any state, political
subdivision, or the United States, for
housing prisoners in Minnesota
correctional facilities. Money
received under the agreements is
appropriated to the commissioner for
correctional purposes.
Subd. 3. Community Services 7,734,000 9,020,000
Of this amount, $40,000 each year is
for the West Central Juvenile Center,
$50,000 in 1990 and $100,000 in 1991 is
for the Central Juvenile Center, and
$5,000 each year is for the Leech Lake
Youth Center for grants under Minnesota
Statutes, section 241.022.
Of this amount, $75,000 in each year is
to be used as a grant to an existing
statewide coalition of sexual assault
programs, providers, and agencies.
Grant money may be used to promote the
availability of services to all sexual
assault victims throughout the state;
to educate the general public and
professionals in related fields about
victimization issues through programs,
publications, and the media; to provide
training on issues of common concern to
sexual assault service programs through
conferences, workshops, and forums; and
to offer an opportunity for providers,
programs, and agencies to share
expertise, experience, and knowledge
about sexual assault issues.
Of this amount, $75,000 in 1990 is a
one-time appropriation to the St. Louis
County Task Force on Children and Youth
to conduct a study with the following
objectives: to examine and identify
causes of problems faced by children
and youth in St. Louis County; to
identify resources and gaps in services
in the existing service system for
children and youth; to make
recommendations regarding possible
prevention and early intervention
initiatives; to improve coordination
efforts among agencies, organizations,
and systems serving youth in St. Louis
County; and to contribute to greater
public awareness and recognition of the
needs, problems, and concerns of
children and youth.
Of this amount, $150,000 in each year
is for residential and outpatient sex
offender treatment and after care when
required for conditional release or as
a condition of supervised release.
Of this amount, $1,000,000 in 1991 is
for juvenile and adult sex offender
treatment pilot programs.
The commissioner may transfer
unencumbered grant money to fund the
department's fiscal year 1989 general
fund shortage.
Subd. 4. Management Services 443,000 712,000
Sec. 4. SENTENCING GUIDELINES
COMMISSION 20,000 38,000
Of this amount, $38,000 in 1991 is to
study the mandatory minimum sentencing
law. The commission shall submit a
report to the legislature by February
1, 1991, summarizing its findings and
recommending any changes necessary to
improve the mandatory minimum
sentencing law.
Of this amount, $20,000 in 1990 is for
the local correctional resource data
collection study.
Sec. 5. COMMISSIONER OF STATE
PLANNING 7,129,000 0
This appropriation is for the community
resources program. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
Sec. 6. COMMISSIONER OF PUBLIC
SAFETY 1,169,000 1,610,000
Of this amount, $419,000 in 1990 and
$860,000 in 1991 is appropriated to the
bureau of criminal apprehension to
establish and operate a laboratory to
perform DNA analysis and to establish a
system for collecting and maintaining
DNA analysis data and human biological
specimens. The staff complement of the
bureau is increased by up to ten
positions.
Of this amount, $100,000 in each year
is to be used for grants to establish
community crime reduction pilot
projects.
Of this amount, $125,000 in each year
is for community drug prevention and
education grants, and $25,000 in each
year is for multidisciplinary chemical
abuse prevention teams.
Of this amount, $175,000 in each year
is appropriated to the bureau of
criminal apprehension for the drug
abuse resistance education training
program. The staff complement is
increased by up to three positions.
Of this amount, $175,000 in each year
is for the office of drug policy and
the drug abuse prevention resource
council. The staff complement of the
office of drug policy is not more than
two positions. The staff complement of
the council is not more than three
positions.
Of this amount, $150,000 in each year
is for the soft body armor
reimbursement program.
Sec. 7. COMMISSIONER OF HUMAN
SERVICES 300,000 600,000
This appropriation is for grants to
agencies providing chemical dependency
treatment to pregnant women and mothers.
ARTICLE 2
SENTENCING PROVISIONS
Section 1. Minnesota Statutes 1988, section 14.02,
subdivision 4, is amended to read:
Subd. 4. [RULE.] "Rule" means every agency statement of
general applicability and future effect, including amendments,
suspensions, and repeals of rules, adopted to implement or make
specific the law enforced or administered by it or to govern its
organization or procedure. It does not include (a) rules
concerning only the internal management of the agency or other
agencies, and which do not directly affect the rights of or
procedure available to the public; (b) rules of the commissioner
of corrections relating to the placement and supervision ofinmates serving a supervised release term, the internal
management of institutions under the commissioner's control and
those rules governing the inmates thereof prescribed pursuant to
section 609.105; (c) rules of the division of game and fish
published in accordance with section 97A.051; (d) rules relating
to weight limitations on the use of highways when the substance
of the rules is indicated to the public by means of signs; (e)
opinions of the attorney general; (f) the systems architecture
plan and long-range plan of the state education management
information system provided by section 121.931; (g) the data
element dictionary and the annual data acquisition calendar of
the department of education to the extent provided by section
121.932; (h) the occupational safety and health standards
provided in section 182.655.
Sec. 2. Minnesota Statutes 1988, section 243.05,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONAL RELEASE.] The commissioner of
corrections may parole any person sentenced to confinement in
any state correctional facility for adults under the control of
the commissioner of corrections, provided that:
(a) no inmate serving a life sentence for committing murder
before May 1, 1980, other than murder committed in violation of
clause (1) of section 609.185 who has not been previously
convicted of a felony shall be paroled without having served 20
years, less the diminution that would have been allowed for good
conduct had the sentence been for 20 years;
(b) no inmate serving a life sentence for committing murder
before May 1, 1980, who has been previously convicted of a
felony or though not previously convicted of a felony is serving
a life sentence for murder in the first degree committed in
violation of clause (1) of section 609.185 shall be paroled
without having served 25 years, less the diminution which would
have been allowed for good conduct had the sentence been for 25
years;
(c) any inmate sentenced prior to September 1, 1963 who
would be eligible for parole had the inmate been sentenced after
September 1, 1963, shall be eligible for parole; and
(d) any new rule or policy or change of rule or policy
adopted by the commissioner of corrections which has the effect
of postponing eligibility for parole has prospective effect only
and applies only with respect to persons committing offenses
after the effective date of the new rule or policy or change.
Upon being paroled and released, an inmate is and remains in the
legal custody and under the control of the commissioner, subject
at any time to be returned to a facility of the department of
corrections established by law for the confinement or treatment
of convicted persons and the parole rescinded by the
commissioner. The written order of the commissioner of
corrections, is sufficient authority for any peace officer or
state parole and probation agent to retake and place in actual
custody any person on parole or supervised release, but any
state parole and probation agent may, without order of warrant,
when it appears necessary in order to prevent escape or enforce
discipline, take and detain a parolee or person on supervised
release or work release to the commissioner for action. The
written order of the commissioner of corrections is sufficient
authority for any peace officer or state parole and probation
agent to retake and place in actual custody any person on
probation under the supervision of the commissioner pursuant to
section 609.135, but any state parole and probation agent may,
without an order, when it appears necessary in order to prevent
escape or enforce discipline, retake and detain a probationer
and bring the probationer before the court for further
proceedings under section 609.14. Persons conditionally
released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be
placed within or outside the boundaries of the state at the
discretion of the commissioner of corrections or the court, and
the limits fixed for these persons may be enlarged or reduced
according to their conduct.
In considering applications for conditional release or
discharge, the commissioner is not required to hear oral
argument from any attorney or other person not connected with an
adult correctional facility of the department of corrections in
favor of or against the parole or release of any inmates, but
the commissioner may institute inquiries by correspondence,
taking testimony or otherwise, as to the previous history,
physical or mental condition, and character of the inmate, and
to that end shall have authority to require the attendance of
the chief executive officer of any state adult correctional
facility and the production of the records of these facilities,
and to compel the attendance of witnesses. The commissioner is
authorized to administer oaths to witnesses for these purposes.
Sec. 3. [243.165] [NOTICE OF SEX OFFENDER'S ADDRESS.]
Subdivision 1. [TERMS.] (a) For purposes of this section,the following terms have the meanings given.(b) "Law enforcement authority" means with respect to ahome rule charter or statutory city, the chief of police, andwith respect to an unincorporated area, the sheriff of thecounty.(c) "Sex offender" means a person who has been convictedand sentenced under section 12, section 609.185, clause (2),section 609.342, 609.343, 609.344, or 609.345 and is serving oris being released to serve the supervised release portion of thesentence imposed or is on probation for that conviction unlessthe person is placed in a residential community-based facility.Subd. 2. [LOCATION REPORT REQUIRED.] A probation officershall report in writing to the appropriate law enforcementauthority the address of a sex offender who is assigned to thatprobation officer:(1) when the sex offender is released from a statecorrectional institution to serve the supervised release term oris released from a residential community-based facility; and(2) when the sex offender changes addresses. A sexoffender is deemed to change addresses when the sex offenderremains at a new address for longer than two weeks and evincesan intent to take up residence there.Subd. 3. [USE OF INFORMATION.] The information providedunder this section is private data on individuals under section13.01, subdivision 12. The information may be used only for lawenforcement purposes. When the sex offender is discharged fromsupervised release or probation, the probation officer shallinform all law enforcement agencies notified under thissection. Each agency shall then destroy the data.
Sec. 4. Minnesota Statutes 1988, section 243.18, is
amended to read:
243.18 [DIMINUTION OF SENTENCE.]
Subdivision 1. [GOOD TIME.] Every inmate sentenced for any
term other than life, confined in a state adult correctional
facility or on parole therefrom, may diminish the term of
sentence one day for each two days during which the inmate has
not violated any facility rule or discipline.
The commissioner of corrections, in view of the aggravated
nature and frequency of offenses, may take away any or all of
the good time previously gained, and, in consideration of
mitigating circumstances or ignorance on the part of the inmate,
may afterwards restore the inmate, in whole or in part, to the
standing the inmate possessed before such good time was taken
away.
Subd. 2. [WORK REQUIRED.] An inmate for whom a workassignment is available may not earn good time under subdivision1 for any day on which the inmate does not perform the workassignment. The commissioner may excuse an inmate from workonly for illness, physical disability, or to participate in aneducation or treatment program.
Sec. 5. Minnesota Statutes 1988, section 244.05,
subdivision 2, is amended to read:
Subd. 2. [RULES.] The commissioner of corrections
shall promulgate rules for the placement and supervision ofinmates serving a supervised release term. The rules shall alsoprovideadopt by rule standards and procedures for the
revocation of supervised release, and shall specify the period
of revocation for each violation of supervised release.
Procedures for the revocation of supervised release shall
provide due process of law for the inmate.
Sec. 6. Minnesota Statutes 1988, section 244.05,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmateserving a mandatory life sentence under section 10 must not begiven supervised release under this section. An inmate servinga mandatory life sentence for conviction of murder in the firstdegree under section 609.185 must not be given supervisedrelease under this section without having served a minimum termof 30 years. An inmate serving a mandatory life sentence shallunder section 609.385 must not be given supervised release under
this section without having served a minimum term of
imprisonment of 17 years.
Sec. 7. Minnesota Statutes 1988, section 244.05,
subdivision 5, is amended to read:
Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185 or 609.385 after
the inmate has served the minimum term of imprisonment specified
in subdivision 4.
Sec. 8. Minnesota Statutes 1988, section 244.09,
subdivision 5, is amended to read:
Subd. 5. The commission shall, on or before January 1,
1980, promulgate sentencing guidelines for the district court.
The guidelines shall be based on reasonable offense and offender
characteristics. The guidelines promulgated by the commission
shall be advisory to the district court and shall establish:
(1) The circumstances under which imprisonment of an
offender is proper; and
(2) A presumptive, fixed sentence for offenders for whom
imprisonment is proper, based on each appropriate combination of
reasonable offense and offender characteristics. The guidelines
may provide for an increase or decrease of up to 15 percent in
the presumptive, fixed sentence.
The sentencing guidelines promulgated by the commission may
also establish appropriate sanctions for offenders for whom
imprisonment is not proper. Any guidelines promulgated by the
commission establishing sanctions for offenders for whom
imprisonment is not proper shall make specific reference to
noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community
work orders, work release programs in local facilities,
community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation
and the conditions thereof.
In establishing and modifying the sentencing guidelines,
the primary consideration of the commission shall take intosubstantial considerationbe public safety. The commissionshall also consider current sentencing and release practices and
correctional resources, including but not limited to the
capacities of local and state correctional facilities.
The provisions of sections 14.01 to 14.69 do not apply to
the promulgation of the sentencing guidelines, and the
sentencing guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative
commission to review administrative rules. However, on or
before January 1, 1986, the commission shall adopt rules
pursuant to sections 14.01 to 14.69 which establish procedures
for the promulgation of the sentencing guidelines, including
procedures for the promulgation of severity levels and criminal
history scores, and these rules shall be subject to review by
the legislative commission to review administrative rules.
Sec. 9. [609.152] [INCREASED SENTENCES FOR CERTAIN
DANGEROUS AND CAREER OFFENDERS.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,the following terms have the meanings given.(b) "Conviction" means any of the following accepted andrecorded by the court: a plea of guilty, a verdict of guilty bya jury, or a finding of guilty by the court. The term includesa conviction by any court in Minnesota or another jurisdiction.(c) "Prior conviction" means a conviction that occurredbefore the offender committed the next felony resulting in aconviction and before the offense for which the offender isbeing sentenced under this section.(d) "Violent crime" means a violation of or an attempt orconspiracy to violate any of the following laws of this state orany similar laws of the United States or any other state:section 609.185; 609.19; 609.195; 609.20; 609.205; 609.21;609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245;609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664;609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344;609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,subdivision 1; 609.687; or any provision of chapter 152 that ispunishable by a maximum term of imprisonment of 15 years or more.Subd. 2. [INCREASED SENTENCES; DANGEROUS OFFENDERS.]
Whenever a person is convicted of a violent crime, and the judgeis imposing an executed sentence based on a sentencingguidelines presumptive imprisonment sentence, the judge mayimpose an aggravated durational departure from the presumptiveimprisonment sentence up to the statutory maximum sentence ifthe offender was at least 18 years old at the time the felonywas committed, and:(1) the offender has two or more prior convictions forviolent crimes; and(2) the court finds that the offender is a danger to publicsafety and specifies on the record the basis for the finding,which may include:(i) the offender's past criminal behavior, such as theoffender's high frequency rate of criminal activity or juvenileadjudications, or long involvement in criminal activityincluding juvenile adjudications; or(ii) the fact that the present offense of convictioninvolved an aggravating factor that would justify a durationaldeparture under the sentencing guidelines.Subd. 3. [INCREASED SENTENCES; CAREER OFFENDERS.] Whenevera person is convicted of a felony, and the judge is imposing anexecuted sentence based on a sentencing guidelines presumptiveimprisonment sentence, the judge may impose an aggravateddurational departure from the presumptive sentence up to thestatutory maximum sentence if the judge finds and specifies onthe record that the offender has more than four prior felonyconvictions and that the present offense is a felony that wascommitted as part of a pattern of criminal conduct from which asubstantial portion of the offender's income was derived.
Sec. 10. [609.184] [HEINOUS CRIMES.]
Subdivision 1. [TERMS.] (a) A "heinous crime" is aviolation of section 609.185, 609.19, 609.195, or a violation ofsection 609.342 or 609.343, if the offense was committed withforce or violence.(b) "Previous conviction" means a conviction in Minnesotaof a heinous crime or a conviction elsewhere for conduct thatwould have been a heinous crime under this chapter if committedin Minnesota. The term includes any conviction that occurredbefore the commission of the present offense of conviction, butdoes not include a conviction if 15 years have elapsed since theperson was discharged from the sentence imposed for the offense.Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentencea person to life imprisonment without possibility of releasewhen the person is convicted of first degree murder undersection 609.185 and the person has one or more previousconvictions for a heinous crime.
Sec. 11. Minnesota Statutes 1988, section 609.185, is
amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of murder in
the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, tampering with a witness in
the first degree, or escape from custody, or any felonyviolation of chapter 152 involving the unlawful sale of acontrolled substance;
(4) causes the death of a peace officer or a guard employed
at a Minnesota state correctional facility, with intent to
effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties; or
(5) causes the death of a minor under circumstances other
than those described in clause (1) or (2) while committing or
attempting to commit child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon the child and the
death occurs under circumstances manifesting an extreme
indifference to human life.
For purposes of clause (5), "child abuse" means an act
committed against a minor victim that constitutes a violation of
section 609.221, 609.222, 609.223, 609.224, 609.342, 609.343,
609.344, 609.345, 609.377, or 609.378.
Sec. 12. [609.196] [MANDATORY PENALTY FOR CERTAIN
MURDERERS.]
When a person is convicted of violating section 609.19 or609.195, the court shall sentence the person to the statutorymaximum term of imprisonment for the offense if the person waspreviously convicted of a heinous crime as defined in section 10and 15 years have not elapsed since the person was dischargedfrom the sentence imposed for that conviction. The court maynot stay the imposition or execution of the sentence,notwithstanding section 609.135.
Sec. 13. Minnesota Statutes 1988, section 609.346,
subdivision 2, is amended to read:
Subd. 2. [SUBSEQUENT SEX OFFENSE; PENALTY.] Except asprovided in section 14, if a person is convicted of a second orsubsequent offense under sections 609.342 to 609.345, within 15
years of the priora previous sex offense conviction, the court
shall commit the defendant to the commissioner of corrections
for imprisonment for a term of not less than three years, nor
more than the maximum sentence provided by law for the offense
for which convicted, notwithstanding the provisions of sections
242.19, 243.05, 609.11, 609.12 and 609.135. The court may stay
the execution of the sentence imposed under this
sectionsubdivision only if it finds that a professional
assessment indicates the offender is accepted by and can respond
to treatment at a long-term inpatient program exclusively
treating sex offenders and approved by the commissioner of
corrections. If the court stays the execution of a sentence, it
shall include the following as conditions of probation: (1)
incarceration in a local jail or workhouse; and (2) a
requirement that the offender successfully complete the
treatment program and aftercare as directed by the court.
Sec. 14. Minnesota Statutes 1988, section 609.346, is
amended by adding a subdivision to read:
Subd. 2a. [MAXIMUM SENTENCE IMPOSED.] (a) The court shallsentence a person to a term of imprisonment of 37 years,notwithstanding the statutory maximum sentences under sections609.342 and 609.343 if:(1) the person is convicted under section 609.342 or609.343; and(2) the person has two previous sex offense convictionsunder section 609.342, 609.343, or 609.344.(b) Notwithstanding sections 609.342, subdivision 3; and609.343, subdivision 3; and subdivision 2, the court may notstay imposition of the sentence required by this subdivision.
Sec. 15. Minnesota Statutes 1988, section 609.346,
subdivision 3, is amended to read:
Subd. 3. [PRIORPREVIOUS SEX OFFENSE CONVICTIONS UNDERSIMILAR STATUTES.] For the purposes of this section, an offensea conviction is considered a second or subsequentprevious sex
offense conviction if conviction of the actor for the offensefollows or coincides with a conviction of the actor underpersonwas convicted of a sex offense, before the commission of thepresent offense of conviction. A person has two previous sexoffense convictions only if the person was convicted andsentenced for a sex offense committed after the person wasearlier convicted and sentenced for a sex offense, bothconvictions preceded the commission of the present offense ofconviction, and 15 years have not elapsed since the person wasdischarged from the sentence imposed for the second conviction.A "sex offense" is a violation of sections 609.342 to 609.345 or
under any similar statute of the United States, or this or any
other state.
Sec. 16. Minnesota Statutes 1988, section 611A.038, is
amended to read:
611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.]
Subdivision 1. [IMPACT STATEMENT.] A victim has the right
to submit an impact statement, either orally or in writing, to
the court at the time of sentencing or disposition hearing. Theimpact statement may be presented to the court orally or inwriting, at the victim's option. If the victim requests, the
prosecutor must orally present the statement to the court.
Statements may include the following, subject to reasonable
limitations as to time and length:
(1) a summary of the harm or trauma suffered by the victim
as a result of the crime;
(2) a summary of the economic loss or damage suffered by
the victim as a result of the crime; and
(3) a victim's reaction to the proposed sentence or
disposition.
Sec. 17. [DIRECTIVES TO GUIDELINES COMMISSION.]
Subdivision 1. [INTENTIONAL SECOND DEGREE MURDER.] Thesentencing guidelines commission shall increase the presumptivesentence of imprisonment for intentional second degree murder to306 months for an offender with a criminal history score ofzero. The commission shall proportionally increase thepresumptive sentences for higher criminal history scores and forattempted first degree murder.Subd. 2. [UNINTENTIONAL SECOND DEGREE MURDER AND THIRD
DEGREE MURDER.] The sentencing guidelines commission shalladjust the presumptive sentence of imprisonment forunintentional second degree murder and for third degree murderproportionally to reflect the increased presumptive sentenceestablished under subdivision 1.
Sec. 18. [EFFECTIVE DATE.]
Sections 6, 7, and 10 to 15 are effective August 1, 1989,and apply to crimes committed on or after that date. The courtshall consider convictions occurring before August 1, 1989, asprior convictions in sentencing offenders under sections 9, 10,and 12 to 15. Section 9 is effective August 1, 1990, andapplies to crimes committed on or after that date.
ARTICLE 3
CONTROLLED SUBSTANCE CRIMES
Section 1. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 5a. [HALLUCINOGEN.] "Hallucinogen" means anyhallucinogen listed in section 152.02, subdivision 2, clause(3), or Minnesota Rules, part 6800.4210, item C, exceptmarijuana and Tetrahydrocannabinols.
Sec. 2. Minnesota Statutes 1988, section 152.01,
subdivision 7, is amended to read:
Subd. 7. [MANUFACTURINGMANUFACTURE.] "ManufacturingManufacture", in places other than a pharmacy, means and
includes the production, cultivation, quality control, and
standardization by mechanical, physical, chemical, or
pharmaceutical means, packing, repacking, tableting,
encapsulating, labeling, relabeling, filling, or by other
process, of drugs.
Sec. 3. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 9a. [MIXTURE.] "Mixture" means a preparation,compound, mixture, or substance containing a controlledsubstance, regardless of purity.
Sec. 4. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 12a. [PARK ZONE.] "Park zone" means an areadesignated as a public park by the federal government, thestate, a local unit of government, a park district board, or apark and recreation board in a city of the first class. "Parkzone" includes the area within 300 feet or one city block,whichever distance is greater, of the park boundary.
Sec. 5. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 14a. [SCHOOL ZONE.] "School zone" means:(1) any property owned, leased, or controlled by a schooldistrict or an organization operating a nonpublic school, asdefined in section 123.932, subdivision 3, where an elementary,middle, secondary school, secondary vocational center or otherschool providing educational services in grade one through grade12 is located, or used for educational purposes, or whereextracurricular or cocurricular activities are regularlyprovided;(2) the area surrounding school property as described inclause (1) to a distance of 300 feet or one city block,whichever distance is greater, beyond the school property; and(3) the area within a school bus when that bus is beingused to transport one or more elementary or secondary schoolstudents.
Sec. 6. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 15a. [SELL.] "Sell" means to sell, give away,barter, deliver, exchange, distribute or dispose of to another;or to offer or agree to do the same; or to manufacture.
Sec. 7. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 16a. [SUBSEQUENT CONTROLLED SUBSTANCE CONVICTION.]
"Subsequent controlled substance conviction" means that beforecommission of the offense for which the person is convictedunder this chapter, the person was convicted in Minnesota of afelony violation of this chapter or a felony-level attempt orconspiracy to violate this chapter, or convicted elsewhere forconduct that would have been a felony under this chapter ifcommitted in Minnesota. An earlier conviction is not relevantif ten years have elapsed since: (1) the person was restored tocivil rights; or (2) the sentence has expired, whichever occursfirst.
Sec. 8. [152.021] [CONTROLLED SUBSTANCE CRIME IN THE FIRST
DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty ofcontrolled substance crime in the first degree if:(1) on one or more occasions within a 90-day period theperson unlawfully sells one or more mixtures containing tengrams or more of cocaine base;(2) on one or more occasions within a 90-day period theperson unlawfully sells one or more mixtures of a total weightof 50 grams or more containing a narcotic drug;(3) on one or more occasions within a 90-day period theperson unlawfully sells one or more mixtures of a total weightof 50 grams or more containing methamphetamine, amphetamine,phencyclidine, or hallucinogen or, if the controlled substanceis packaged in dosage units, equaling 200 or more dosage units;or(4) on one or more occasions within a 90-day period theperson unlawfully sells one or more mixtures of a total weightof 100 kilograms or more containing marijuana orTetrahydrocannabinols.Subd. 2. [POSSESSION CRIMES.] A person is guilty of acontrolled substance crime in the first degree if:(1) the person unlawfully possesses one or more mixturescontaining 25 grams or more of cocaine base;(2) the person unlawfully possesses one or more mixtures ofa total weight of 500 grams or more containing a narcotic drug;(3) the person unlawfully possesses one or more mixtures ofa total weight of 500 grams or more containing methamphetamine,amphetamine, phencyclidine, or hallucinogen or, if thecontrolled substance is packaged in dosage units, equaling 500or more dosage units; or(4) the person unlawfully possesses one or more mixtures ofa total weight of 100 kilograms or more containing marijuana orTetrahydrocannabinols.Subd. 3. [PENALTY.] (a) A person convicted undersubdivision 1 or 2 may be sentenced to imprisonment for not morethan 30 years or to payment of a fine of not more than$1,000,000, or both.(b) If the conviction is a subsequent controlled substanceconviction, a person convicted under subdivision 1 or 2 shall besentenced to imprisonment for not less than four years nor morethan 40 years or to payment of a fine of not more than$1,000,000, or both.
Sec. 9. [152.022] [CONTROLLED SUBSTANCE CRIME IN THE
SECOND DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty ofcontrolled substance crime in the second degree if:(1) on one or more occasions within a 90-day period theperson unlawfully sells one or more mixtures containing threegrams or more of cocaine base;(2) on one or more occasions within a 90-day period theperson unlawfully sells one or more mixtures of a total weightof ten grams or more containing a narcotic drug;(3) on one or more occasions within a 90-day period theperson unlawfully sells one or more mixtures of a total weightof ten grams or more containing methamphetamine, amphetamine,phencyclidine, or hallucinogen or, if the controlled substanceis packaged in dosage units, equaling 50 or more dosage units;(4) on one or more occasions within a 90-day period theperson unlawfully sells one or more mixtures of a total weightof 50 kilograms or more containing marijuana orTetrahydrocannabinols; or(5) the person unlawfully sells any amount of a Schedule Ior II narcotic drug, and:(i) the person unlawfully sells the substance to a personunder the age of 18, or conspires with or employs a person underthe age of 18 to unlawfully sell the substance; or(ii) the sale occurred in a school zone or a park zone.Subd. 2. [POSSESSION CRIMES.] A person is guilty ofcontrolled substance crime in the second degree if:(1) the person unlawfully possesses one or more mixturescontaining six grams or more of cocaine base;(2) the person unlawfully possesses one or more mixtures ofa total weight of 50 grams or more containing a narcotic drug;(3) the person unlawfully possesses one or more mixtures ofa total weight of 50 grams or more containing methamphetamine,amphetamine, phencyclidine, or hallucinogen or, if thecontrolled substance is packaged in dosage units, equaling 100or more dosage units; or(4) the person unlawfully possesses one or more mixtures ofa total weight of 50 kilograms or more containing marijuana orTetrahydrocannabinols.Subd. 3. [PENALTY.] (a) A person convicted undersubdivision 1 or 2 may be sentenced to imprisonment for not morethan 25 years or to payment of a fine of not more than $500,000,or both.(b) If the conviction is a subsequent controlled substanceconviction, a person convicted under subdivision 1 or 2 shall besentenced to imprisonment for not less than three years nor morethan 40 years or to payment of a fine of not more than $500,000,or both.
Sec. 10. [152.023] [CONTROLLED SUBSTANCE CRIME IN THE
THIRD DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty ofcontrolled substance crime in the third degree if:(1) the person unlawfully sells one or more mixturescontaining a narcotic drug;(2) the person unlawfully sells one or more mixturescontaining phencyclidine or hallucinogen, it is packaged indosage units, and equals ten or more dosage units;(3) the person unlawfully sells one or more mixturescontaining a controlled substance classified in Schedule I, II,or III, except a Schedule I or II narcotic drug, marijuana orTetrahydrocannabinols, to a person under the age of 18; or(4) the person conspires with or employs a person under theage of 18 to unlawfully sell one or more mixtures containing acontrolled substance listed in Schedule I, II, or III, except aSchedule I or II narcotic drug, marijuana orTetrahydrocannabinols.Subd. 2. [POSSESSION CRIMES.] A person is guilty ofcontrolled substance crime in the third degree if:(1) the person unlawfully possesses one or more mixturescontaining three grams or more of cocaine base;(2) the person unlawfully possesses one or more mixtures ofa total weight of ten grams or more containing a narcotic drug;(3) the person unlawfully possesses one or more mixturescontaining a narcotic drug with the intent to sell it;(4) the person unlawfully possesses one or more mixturescontaining a narcotic drug, it is packaged in dosage units, andequals 50 or more dosage units; or(5) the person unlawfully possesses any amount of aSchedule I or II narcotic drug in a school zone or a park zone.Subd. 3. [PENALTY.] (a) A person convicted undersubdivision 1 or 2 may be sentenced to imprisonment for not morethan 20 years or to payment of a fine of not more than $250,000,or both.(b) If the conviction is a subsequent controlled substanceconviction, a person convicted under subdivision 1 or 2 shall besentenced to imprisonment for not less than two years nor morethan 30 years or to payment of a fine of not more than $250,000,or both.
Sec. 11. [152.024] [CONTROLLED SUBSTANCE CRIME IN THE
FOURTH DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty ofcontrolled substance crime in the fourth degree if:(1) the person unlawfully sells one or more mixturescontaining a controlled substance classified in Schedule I, II,or III, except marijuana or Tetrahydrocannabinols;(2) the person unlawfully sells one or more mixturescontaining marijuana or Tetrahydrocannabinols to a person underthe age of 18;(3) the person conspires with or employs a person under theage of 18 to unlawfully sell one or more mixtures containingmarijuana or Tetrahydrocannabinols;(4) the person unlawfully sells one or more mixturescontaining a controlled substance classified in Schedule IV or Vto a person under the age of 18; or(5) the person conspires with or employs a person under theage of 18 to unlawfully sell a controlled substance classifiedin Schedule IV or V.Subd. 2. [POSSESSION CRIMES.] A person is guilty ofcontrolled substance crime in the fourth degree if:(1) the person unlawfully possesses one or more mixturescontaining phencyclidine or hallucinogen, it is packaged indosage units, and equals ten or more dosage units; or(2) the person unlawfully possesses one or more mixturescontaining a controlled substance classified in Schedule I, II,or III, except marijuana or Tetrahydrocannabinols, with theintent to sell it.Subd. 3. [PENALTY.] (a) A person convicted undersubdivision 1 or 2 may be sentenced to imprisonment for not morethan 15 years or to payment of a fine of not more than $100,000,or both.(b) If the conviction is a subsequent controlled substanceconviction, a person convicted under subdivision 1 or 2 shall besentenced to imprisonment for not less than one year nor morethan 30 years or to payment of a fine of not more than $100,000,or both.
Sec. 12. [152.025] [CONTROLLED SUBSTANCE CRIME IN THE
FIFTH DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty ofcontrolled substance crime in the fifth degree if:(1) the person unlawfully sells one or more mixturescontaining marijuana or Tetrahydrocannabinols, except a smallamount of marijuana for no remuneration; or(2) the person unlawfully sells one or more mixturescontaining a controlled substance classified in Schedule IV.Subd. 2. [POSSESSION AND OTHER CRIMES.] A person is guiltyof controlled substance crime in the fifth degree if:(1) the person unlawfully possesses one or more mixturescontaining a controlled substance classified in Schedule I, II,III, or IV, except a small amount of marijuana; or(2) the person procures, attempts to procure, possesses, orhas control over a controlled substance by any of the followingmeans:(i) fraud, deceit, misrepresentation, or subterfuge;(ii) using a false name or giving false credit; or(iii) falsely assuming the title of, or falselyrepresenting any person to be, a manufacturer, wholesaler,pharmacist, physician, doctor of osteopathy licensed to practicemedicine, dentist, podiatrist, veterinarian, or other authorizedperson for the purpose of obtaining a controlled substance.Subd. 3. [PENALTY.] (a) A person convicted undersubdivision 1 or 2 may be sentenced to imprisonment for not morethan five years or to payment of a fine of not more than$10,000, or both.(b) If the conviction is a subsequent controlled substanceconviction, a person convicted under subdivision 1 or 2 shall besentenced to imprisonment for not less than six months nor morethan ten years or to payment of a fine of not more than $20,000,or both.
Sec. 13. [152.026] [MANDATORY SENTENCES.]
A defendant convicted and sentenced to a mandatory sentenceunder sections 8 to 12 is not eligible for probation, parole,discharge, or supervised release until that person has servedthe full mandatory minimum term of imprisonment as provided bylaw, notwithstanding sections 242.19, 243.05, 609.12, and609.135.
Sec. 14. [152.027] [OTHER CONTROLLED SUBSTANCE OFFENSES.]
Subdivision 1. [SALE OF SCHEDULE V CONTROLLED SUBSTANCE.]
A person who unlawfully sells one or more mixtures containing acontrolled substance classified in Schedule V may be sentencedto imprisonment for not more than one year or to payment of afine of not more than $3,000, or both.Subd. 2. [POSSESSION OF SCHEDULE V CONTROLLED
SUBSTANCE.] A person who unlawfully possesses one or moremixtures containing a controlled substance classified inSchedule V may be sentenced to imprisonment for not more thanone year or to payment of a fine of not more than $3,000, orboth. The court may order that a person who is convicted underthis subdivision and placed on probation be required to takepart in a drug education program as specified by the court.Subd. 3. [POSSESSION OF MARIJUANA IN A MOTOR VEHICLE.] Aperson is guilty of a misdemeanor if the person is the owner ofa private motor vehicle, or is the driver of the motor vehicleif the owner is not present, and possesses on the person, orknowingly keeps or allows to be kept within the area of thevehicle normally occupied by the driver or passengers, more than1.4 grams of marijuana. This area of the vehicle does notinclude the trunk of the motor vehicle if the vehicle isequipped with a trunk, or another area of the vehicle notnormally occupied by the driver or passengers if the vehicle isnot equipped with a trunk. A utility or glove compartment isdeemed to be within the area occupied by the driver andpassengers.Subd. 4. [POSSESSION OR SALE OF SMALL AMOUNTS OF
MARIJUANA.] (a) A person who unlawfully sells a small amount ofmarijuana for no remuneration, or who unlawfully possesses asmall amount of marijuana is guilty of a petty misdemeanorpunishable by a fine of up to $200 and participation in a drugeducation program unless the court enters a written finding thata drug education program is inappropriate. The program must beapproved by an area mental health board with a curriculumapproved by the state alcohol and drug abuse authority.(b) A person convicted of an unlawful sale under paragraph(a) who is subsequently convicted of an unlawful sale underparagraph (a) within two years is guilty of a misdemeanor andshall be required to participate in a chemical dependencyevaluation and treatment if so indicated by the evaluation.(c) A person who is convicted of a petty misdemeanor underparagraph (a) who willfully and intentionally fails to complywith the sentence imposed, is guilty of a misdemeanor.Compliance with the terms of the sentence imposed beforeconviction under this paragraph is an absolute defense.
Sec. 15. [152.028] [PERMISSIVE INFERENCE OF KNOWING
POSSESSION.]
Subdivision 1. [RESIDENCES.] The presence of a controlledsubstance in open view in a room, other than a public place,under circumstances evincing an intent by one or more of thepersons present to unlawfully mix, compound, package, orotherwise prepare for sale the controlled substance permits thefactfinder to infer knowing possession of the controlledsubstance by each person in close proximity to the controlledsubstance when the controlled substance was found. Thepermissive inference does not apply to any person if:(1) one of them legally possesses the controlled substance;or(2) the controlled substance is on the person of one of theoccupants.Subd. 2. [PASSENGER AUTOMOBILES.] The presence of acontrolled substance in a passenger automobile permits thefactfinder to infer knowing possession of the controlledsubstance by the driver or person in control of the automobilewhen the controlled substance was in the automobile. Thisinference may only be made if the defendant is charged withviolating section 8, 9, or 10. The inference does not apply:(1) to a duly licensed operator of an automobile who is atthe time operating it for hire in the lawful and proper pursuitof the operator's trade;(2) to any person in the automobile if one of them legallypossesses a controlled substance; or(3) when the controlled substance is concealed on theperson of one of the occupants.
Sec. 16. [152.029] [PUBLIC INFORMATION: SCHOOL ZONES AND
PARK ZONES.]
The attorney general shall disseminate information to thepublic relating to the penalties for committing controlledsubstance crimes in park zones and school zones. The attorneygeneral shall draft a plain language version of sections 9, 10and 25 that describes in a clear and coherent manner using wordswith common and everyday meanings the contents of those sections.The attorney general shall publicize and disseminate the plainlanguage version as widely as practicable, includingdistributing the version to school boards and local governments.
Sec. 17. Minnesota Statutes 1988, section 152.096,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS; PENALTIES.] Any person
who conspires to commit any act prohibited by section152.09this chapter, except possession or distribution for no
remuneration of a small amount of marijuana as defined in
section 152.01, subdivision 16, is guilty of a felony and upon
conviction may be imprisoned, fined, or both, up to the maximum
amount authorized by law for the act the person conspired to
commit.
Sec. 18. Minnesota Statutes 1988, section 152.097, is
amended by adding a subdivision to read:
Subd. 4. [PENALTY.] A person who violates this section maybe sentenced to imprisonment for not more than three years or topayment of a fine of not more than $20,000, or both. Sentencingfor a conviction for attempting to sell, transfer, or deliver anoncontrolled substance in violation of this section is governedby section 609.17, subdivision 4.
Sec. 19. Minnesota Statutes 1988, section 152.151, is
amended to read:
152.151 [REPORT TO LEGISLATURE.]
The state alcohol and drug authority shall build intoevaluate the drug education program required by section 152.15,subdivision 2, proper evaluation14 and report directly each
legislative session to the legislative standing committees
having jurisdiction over the subject matter.
Sec. 20. [152.152] [STAYED SENTENCE LIMITED.]
If a person is convicted under section 8, 9, or 10 and thesentencing guidelines grid calls for a presumptive prisonsentence for the offense, the court may stay imposition orexecution of the sentence only as provided in this section. Thesentence may be stayed based on amenability to probation only ifthe offender presents adequate evidence to the court that theoffender has been accepted by, and can respond to, a treatmentprogram that has been approved by the commissioner of humanservices. The court may impose a sentence that is a mitigateddispositional departure on any other ground only if the courtincludes as a condition of probation incarceration in a localjail or workhouse.
Sec. 21. Minnesota Statutes 1988, section 152.18,
subdivision 1, is amended to read:
Subdivision 1. If any person is found guilty of a
violation of section 152.09, subdivision 1, clause (2)11, 12,or 14 for possession of a controlled substance, after trial or
upon a plea of guilty, the court may, without entering a
judgment of guilty and with the consent of such person, defer
further proceedings and place the person on probation upon such
reasonable conditions as it may require and for a period, not to
exceed the maximum term of imprisonment provided for such
violation. The court may give the person the opportunity to
attend and participate in an appropriate program of education
regarding the nature and effects of alcohol and drug abuse as a
stipulation of probation. Upon violation of a condition of the
probation, the court may enter an adjudication of guilt and
proceed as otherwise provided. The court may, in its
discretion, dismiss the proceedings against such person and
discharge the person from probation before the expiration of the
maximum period prescribed for such person's probation. If
during the period of probation such person does not violate any
of the conditions of the probation, then upon expiration of such
period the court shall discharge such person and dismiss the
proceedings against that person. Discharge and dismissal
hereunder shall be without court adjudication of guilt, but a
nonpublic record thereof shall be retained by the department of
public safety solely for the purpose of use by the courts in
determining the merits of subsequent proceedings against such
person. The court shall forward a record of any discharge and
dismissal hereunder to the department of public safety who shall
make and maintain the nonpublic record thereof as hereinbefore
provided. Such discharge or dismissal shall not be deemed a
conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other
purpose.
Sec. 22. Minnesota Statutes 1988, section 152.20, is
amended to read:
152.20 [PENALTIES UNDER OTHER LAWS.]
Any penalty imposed for violation of Laws 1971, chapter 937this chapter is in addition to, and not in lieu of, any civil or
administrative penalty or sanction otherwise authorized by law.
Sec. 23. Minnesota Statutes 1988, section 152.21,
subdivision 6, is amended to read:
Subd. 6. [EXEMPTION FROM CRIMINAL SANCTIONS.] For the
purposes of this section, the following are not violations
listed in section 152.09 or 152.15under this chapter:
(1) use or possession of THC, or both, by a patient in the
research program;
(2) possession, prescribing use of, administering, or
dispensing THC, or any combination of these actions, by the
principal investigator or by any clinical investigator; and
(3) possession or distribution of THC, or both, by a
pharmacy registered to handle schedule I substances which stores
THC on behalf of the principal investigator or a clinical
investigator.
THC obtained and distributed pursuant to this section is
not subject to forfeiture under sections 609.531 to 609.5316.
For the purposes of this section, THC is removed from
schedule I contained in section 152.02, subdivision 2, and
inserted in schedule II contained in section 152.02, subdivision
3.
Sec. 24. Minnesota Statutes 1988, section 243.55,
subdivision 1, is amended to read:
Subdivision 1. Any person who brings, sends, or in any
manner causes to be introduced into any state correctional
facility or state hospital, or within or upon the grounds
belonging to or land or controlled by any such facility or
hospital, any controlled substance as defined in section 152.01,
subdivision 4, or any firearms, weapons or explosives of any
kind, without the consent of the chief executive officer
thereof, shall be guilty of a felony and, upon conviction
thereof, punished by imprisonment for a term of not less thanthree, nor more than five,ten years. Any person who brings,
sends, or in any manner causes to be introduced into any state
correctional facility or within or upon the grounds belonging to
or land controlled by the facility, any intoxicating or
alcoholic liquor or malt beverage of any kind without the
consent of the chief executive officer thereof, shall be guilty
of a gross misdemeanor. The provisions of this section shall
not apply to physicians carrying drugs or introducing any of the
above described liquors into such facilities for use in the
practice of their profession; nor to sheriffs or other peace
officers carrying revolvers or firearms as such officers in the
discharge of duties.
Sec. 25. [244.095] [SENTENCING GUIDELINES MODIFICATION;
UPWARD DEPARTURE FOR CERTAIN DRUG OFFENSES.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,"park zone" and "school zone" have the meanings given them insections 4 and 5.(b) As used in this section, "controlled substance" has themeaning given in section 152.01, subdivision 4, but does notinclude a narcotic drug listed in schedule I or II.Subd. 2. [AGGRAVATING FACTOR FOR DRUG OFFENSES COMMITTED
IN PARK ZONES AND IN SCHOOL ZONES.] The commission shall modifythe list of aggravating factors contained in the sentencingguidelines so as to authorize the sentencing judge to departfrom the presumptive sentence with respect to either dispositionor duration when the following circumstances are present:(1) the defendant was convicted of unlawfully selling orpossessing controlled substances in violation of chapter 152;and(2) the crime was committed in a park zone or in a schoolzone.This aggravating factor shall not apply to a person convicted ofunlawfully possessing controlled substances in a privateresidence located within a school zone or a park zone if noperson under the age of 18 was present in the residence when theoffense was committed.Subd. 3. [REPORT TO LEGISLATURE.] The commission shallcollect data on the number and types of cases involving asentencing departure based on the aggravating factor created insubdivision 2, and shall report its findings to the legislatureon or before February 1, 1991.
Sec. 26. Minnesota Statutes 1988, section 260.125,
subdivision 3, is amended to read:
Subd. 3. A prima facie case that the public safety is not
served or that the child is not suitable for treatment shall
have been established if the child was at least 16 years of age
at the time of the alleged offense and:
(1) Is alleged by delinquency petition to have committed an
aggravated felony against the person and (a) in committing the
offense, the child acted with particular cruelty or disregard
for the life or safety of another; or (b) the offense involved a
high degree of sophistication or planning by the juvenile; or
(2) Is alleged by delinquency petition to have committed
murder in the first degree; or
(3) Is alleged by delinquency petition (a) to have
committed the delinquent act of escape from confinement to a
state juvenile correctional facility and (b) to have committed
an offense as part of, or subsequent to, escape from custody
that would be a felony listed in section 609.11, subdivision 9,
if committed by an adult; or
(4) Has been found by the court, pursuant to an admission
in court or after trial, to have committed an offense within the
preceding 24 months which would be a felony if committed by an
adult, and is alleged by delinquency petition to have committed
murder in the second or third degree, manslaughter in the first
degree, criminal sexual conduct in the first degree or assault
in the first degree; or
(5) Has been found by the court, pursuant to an admission
in court or after trial, to have committed two offenses, not in
the same behavioral incident, within the preceding 24 months
which would be felonies if committed by an adult, and is alleged
by delinquency petition to have committed manslaughter in the
second degree, kidnapping, criminal sexual conduct in the second
degree, arson in the first degree, aggravated robbery, or
assault in the second degree; or
(6) Has been found by the court, pursuant to an admission
in court or after trial, to have committed two offenses, not in
the same behavioral incident, within the preceding 24 months,
one or both of which would be the felony of burglary of a
dwelling if committed by an adult, and the child is alleged by
the delinquency petition to have committed another burglary of a
dwelling. For purposes of this subdivision, "dwelling" means a
building which is, in whole or in part, usually occupied by one
or more persons living there at night; or
(7) Has previously been found by the court, pursuant to an
admission in court or after trial, to have committed three
offenses, none in the same behavioral incident, within the
preceding 24 months which would be felonies if committed by an
adult, and is alleged by delinquency petition to have committed
any felony other than those described in clause (2), (4), or
(5); or
(8) Is alleged by delinquency petition to have committed an
aggravated felony against the person, other than a violation of
section 609.713, in furtherance of criminal activity by an
organized gang; or(9) Has previously been found by the court, pursuant to anadmission in court or after trial, to have committed an offensewhich would be a felony if committed by an adult, and is allegedby delinquency petition to have committed a felony-levelviolation of chapter 152 involving the unlawful sale orpossession of a schedule I or II controlled substance, while ina public park zone or a school zone as defined in sections 4 and5. This clause does not apply to a juvenile alleged to haveunlawfully possessed a controlled substance in a privateresidence located within the school zone or park zone.
For the purposes of this subdivision, "aggravated felony
against the person" means a violation of any of the following
provisions: section 609.185; 609.19; 609.195; 609.20,
subdivision 1 or 2; 609.221; 609.222; 609.223; 609.245; 609.25;
609.342; 609.343; 609.344, subdivision 1, clause (c) or (d);
609.345, subdivision 1, clause (c) or (d); 609.561; 609.582,
subdivision 1, clause (b) or (c); or 609.713.
For the purposes of this subdivision, an "organized gang"
means an association of five or more persons, with an
established hierarchy, formed to encourage members of the
association to perpetrate crimes or to provide support to
members of the association who do commit crimes.
Sec. 27. Minnesota Statutes 1988, section 609.11,
subdivision 7, is amended to read:
Subd. 7. [PROSECUTOR SHALL ESTABLISH.] Whenever reasonable
grounds exist to believe that the defendant or an accomplice
used a firearm or other dangerous weapon or had in possession a
firearm, at the time of commission of an offense listed in
subdivision 9, the prosecutor shall, at the time of trial or at
the plea of guilty, present on the record all evidence tending
to establish that fact unless it is otherwise admitted on the
record. The question of whether the defendant or an accomplice,
at the time of commission of an offense listed in subdivision 9,
used a firearm or other dangerous weapon or had in possession a
firearm shall be determined by the court on the record at the
time of a verdict or finding of guilt at trial or the entry of a
plea of guilty based upon the record of the trial or the plea of
guilty. The court shall determine on the record at the time of
sentencing whether the defendant has been convicted of a second
or subsequent offense in which the defendant or an accomplice,
at the time of commission of an offense listed in subdivision 9,
used a firearm or other dangerous weapon or had in possession a
firearm.
Sec. 28. Minnesota Statutes 1988, section 609.11,
subdivision 9, is amended to read:
Subd. 9. [APPLICABLE OFFENSES.] The crimes for which
mandatory minimum sentences shall be served before eligibility
for probation, parole, or supervised release as provided in this
section are: murder in the first, second, or third degree;
assault in the first, second, or third degree; burglary;
kidnapping; false imprisonment; manslaughter in the first or
second degree; aggravated robbery; simple robbery; criminal
sexual conduct under the circumstances described in sections
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a)
to (e) and (h) to (j); escape from custody; arson in the first,
second, or third degree; a felony violation of chapter 152; or
any attempt to commit any of these offenses.
Sec. 29. Minnesota Statutes 1988, section 609.531,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 609.5316, the following terms have the meanings given
them.
(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.
(b) "Weapon used" means a weapon used in the furtherance of
a crime and defined as a dangerous weapon under section 609.02,
subdivision 6.
(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess
under Minnesota law.
(e) "Appropriate agency" means the bureau of criminal
apprehension, the Minnesota state patrol, a county sheriff's
department, the suburban Hennepin regional park district parkrangers, or a city or airport police department.
(f) "Designated offense" includes:
(1) For weapons used: any violation of this chapter;
(2) For all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 609.185;
609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231;
609.24; 609.245; 609.25; 609.255; 609.322, subdivision 1 or 2;
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487;
609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562;
609.563; 609.582; 609.59; 609.595; 609.631; 609.671,
subdivisions 3, 4, and 5; 609.687; 609.821; 609.825; 609.86;
609.88; 609.89; or 617.246.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
Sec. 30. Minnesota Statutes 1988, section 609.5311,
subdivision 3, is amended to read:
Subd. 3. [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY
ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device
is subject to forfeiture under this section only if the retail
value of the controlled substance is $500$25 or more and theconveyance device is associated with a felony-level controlledsubstance crime.
(b) Real property is subject to forfeiture under this
section only if the retail value of the controlled substance is
$5,000$1,000 or more.
(c) Property used by any person as a common carrier in the
transaction of business as a common carrier is subject to
forfeiture under this section only if the owner of the property
is a consenting party to, or is privy to, the use or intended
use of the property as described in subdivision 2.
(d) Property is subject to forfeiture under this section
only if its owner was privy to the use or intended use described
in subdivision 2, or the unlawful use or intended use of the
property otherwise occurred with the owner's knowledge or
consent.
(e) Forfeiture under this section of a conveyance device or
real property encumbered by a bona fide security interest is
subject to the interest of the secured party unless the secured
party had knowledge of or consented to the act or omission upon
which the forfeiture is based. A person claiming a security
interest bears the burden of establishing that interest by clear
and convincing evidence.
(f) Notwithstanding paragraphs (d) and (e), property is not
subject to forfeiture based solely on the owner's or secured
party's knowledge of the unlawful use or intended use of the
property if the owner or secured party took reasonable steps to
terminate use of the property by the offender.
Sec. 31. Minnesota Statutes 1988, section 609.5314,
subdivision 1, is amended to read:
Subdivision 1. [PROPERTY SUBJECT TO ADMINISTRATIVE
FORFEITURE; PRESUMPTION.] (a) The following are presumed to be
subject to administrative forfeiture under this section:
(1) all money, precious metals, and precious stones found
in proximity to:
(i) controlled substances;
(ii) forfeitable drug manufacturing or distributing
equipment or devices; or
(iii) forfeitable records of manufacture or distribution of
controlled substances; and
(2) all conveyance devices containing controlled substances
with a retail value of $500$100 or more if possession or saleof the controlled substance would be a felony under chapter 152.
(b) A claimant of the property bears the burden to rebut
this presumption.
Sec. 32. Minnesota Statutes 1988, section 609.5315,
subdivision 1, is amended to read:
Subdivision 1. [DISPOSITION.] If the court finds under
section 609.5313 or 609.5314 that the property is subject to
forfeiture, it mayshall order the appropriate agency to:
(1) sell property that is not required to be destroyed by
law and is not harmful to the public and distribute the proceeds
under subdivision 5;
(2) take custody of the property and remove it for
disposition in accordance with law;
(3) forward the property to the federal drug enforcement
administration;
(4) disburse money as provided under subdivision 5; or
(5) keep property other than money for official use by the
agency and the prosecuting agency.
Sec. 33. Minnesota Statutes 1988, section 609.685, is
amended by adding a subdivision to read:
Subd. 1a. [GROSS MISDEMEANOR.] (a) Whoever sells tobaccoto a person under the age of 18 years is guilty of a grossmisdemeanor.(b) It is an affirmative defense to a charge under thissubdivision if the defendant proves by a preponderance of theevidence that the defendant reasonably and in good faith reliedon proof of age as described in section 340A.503, subdivision 6.
Sec. 34. Minnesota Statutes 1988, section 609.685,
subdivision 2, is amended to read:
Subd. 2. [CRIMEMISDEMEANOR.] Whoever furnishes tobacco or
tobacco related devices to a person under the age of 18 years is
guilty of a misdemeanor.
Sec. 35. [SENTENCING GUIDELINES COMMISSION; STUDY OF
MANDATORY MINIMUM SENTENCING LAW.]
The sentencing guidelines commission shall study sentencingpractices under section 609.11 to determine the following issues:(1) whether prosecutors are complying with the statute'srequirement to place on the record any evidence tending to showthat a gun or dangerous weapon was used to commit an offenselisted in section 609.11, subdivision 9;(2) whether courts are complying with the statute'srequirement to determine on the record the question of whether agun or dangerous weapon was used to commit an offense listed insection 609.11, subdivision 9;(3) the number of cases in which a prosecutor files amotion under section 609.11, subdivision 8, seeking waiver ofthe mandatory minimum sentence, the reasons given in these casesto support the motion, and the disposition of these motions; and(4) the number of cases in which the court, on its ownmotion, sentences a defendant without regard to the mandatoryminimum sentence, the reasons given in these cases for thecourt's departure, and the sentences pronounced by the court.The commission shall submit a written report to thelegislature on or before February 1, 1991, summarizing itsfindings on this study and recommending any changes necessary toimprove the operation of section 609.11.
Sec. 36. [LOCAL CORRECTIONAL RESOURCES; DATA COLLECTION;
NEEDS ASSESSMENT.]
Subdivision 1. [DUTIES OF THE SENTENCING GUIDELINES
COMMISSION, COUNTIES, AND COMMISSIONER OF CORRECTIONS.] Thesentencing guidelines commission, with the assistance of thesupreme court, the state planning agency, correctionsadministrators, and the commissioner of corrections, shalldetermine how more detailed information can be gathered on aroutine basis on local sentencing practices, usage of localcorrectional resources, and local alternatives to incarcerationfor convicted felons. The corrections administrator for eachcounty or group of counties participating in Minnesota Statutes,chapter 401, shall furnish data and information to assist thesentencing guidelines commission in making its determinationsunder this subdivision as the determinations pertain to thecounty or counties served by each administrator. In a likemanner the commissioner of corrections shall furnish pertinentdata on those counties which do not participate in MinnesotaStatutes, chapter 401.Subd. 2. [NONIMPRISONMENT GUIDELINES PILOT PROJECT.] Thecommissioner of corrections shall report to the sentencingguidelines commission on the results of its nonimprisonmentguidelines pilot project when the project is completed. If thepilot project is not completed by July 1, 1990, the commissionershall provide an interim report to the commission on or beforethat date.Subd. 3. [REPORT.] The sentencing guidelines commissionshall report to the legislature on or before February 1, 1991,describing what improvements have been made to addresssubdivision 1 and whether any legislative action is necessary toimplement further improvements.
Sec. 37. [REPEALER.]
Minnesota Statutes 1988, sections 152.09; and 152.15,subdivisions 1, 2, 2a, 2b, 3, 4a, and 5, are repealed.
Sec. 38. [EFFECTIVE DATE.]
Sections 1 to 24, 26 to 32, and 37 are effective August 1,1989, and apply to crimes committed and violations occurring onor after that date. Sections 33 and 34 are effective July 1,1989, and apply to crimes committed on or after that date.
ARTICLE 4
SEX OFFENDERS
Section 1. [241.67] [SEX OFFENDER TREATMENT; PROGRAMS;
STANDARDS; DATA.]
Subdivision 1. [SEX OFFENDER TREATMENT.] A sex offendertreatment system is established under the administration of thecommissioner of corrections to provide and finance a range ofsex offender treatment programs for eligible adults andjuveniles. Eligible offenders are:(1) adults and juveniles committed to the custody of thecommissioner;(2) adult offenders for whom treatment is required by thecourt as a condition of probation; and(3) juvenile offenders who have been found delinquent orreceived a stay of adjudication, for whom the juvenile court hasordered treatment.Subd. 2. [TREATMENT PROGRAM STANDARDS.] By July 1, 1991,the commissioner shall adopt rules under chapter 14 for thecertification of adult and juvenile sex offender treatmentprograms in state and local correctional facilities. The rulesshall require that sex offender treatment programs be at leastfour months in duration. After July 1, 1991, a correctionalfacility may not operate a sex offender treatment program unlessthe program has met the standards adopted by and been certifiedby the commissioner of corrections. As used in thissubdivision, "correctional facility" has the meaning given it insection 241.021, subdivision 1, clause (5).Subd. 3. [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE
COMMISSIONER.] (a) The commissioner shall provide for a range ofsex offender treatment programs, including intensive sexoffender treatment, within the state adult correctional facilitysystem. Participation in any treatment program is voluntary andis subject to the rules and regulations of the department ofcorrections. Nothing in this section requires the commissionerto accept or retain an offender in a treatment program. Nothingin this section creates a right of an offender to treatment.(b) The commissioner shall provide for residential andoutpatient sex offender treatment and aftercare when requiredfor conditional release under section 12 or as a condition ofsupervised release.Subd. 4. [PROGRAMS FOR JUVENILE OFFENDERS COMMITTED TO THE
COMMISSIONER.] The commissioner shall provide for sex offendertreatment programs for juveniles committed to the commissionerby the courts under section 260.185, as provided under section 2.Subd. 5. [PILOT PROGRAMS TO INCREASE ADULT AND JUVENILE
SEX OFFENDER TREATMENT.] (a) The commissioner shall designatethree or more pilot programs to increase sex offender treatmentfor:(1) adults convicted of a violation of section 609.342,609.343, 609.344, 609.345, 609.3451, 609.746, 609.79, 617.23,617.246, or 617.247 who are sentenced by the court toincarceration in a local correctional facility or to sexoffender treatment as a condition of probation; and(2) juveniles found delinquent or receiving a stay ofadjudication for a violation of one of those sections for whomthe juvenile court has ordered sex offender treatment.(b) At least one pilot program must be in the seven-countymetropolitan area, at least one program must be outside theseven-county metropolitan area, at least one program must be ina community corrections act county, and at least one programmust be in a noncommunity corrections act county.(c) A public human services or community corrections agencymay apply to the commissioner for a pilot program grant. Theapplication must be submitted in a form approved by thecommissioner and must include:(1) a proposal to increase treatment availability for sexoffenders sentenced by the district court in the county;(2) evidence of participation by local correctional, humanservices, court, and treatment professionals in identifying thecurrent treatment funding level in the county and unmet sexoffender treatment needs; and(3) any other content the commissioner may require.The commissioner may appoint an advisory task force toassist in the review of applications and the award of grants.Subd. 6. [SPECIALIZED CORRECTIONS AGENTS AND PROBATION
OFFICERS; SEX OFFENDER SUPERVISION.] By January 1, 1990, thecommissioner of corrections shall develop in-service trainingfor state and local corrections agents and probation officerswho supervise adult and juvenile sex offenders on probation orsupervised release. The commissioner shall make the trainingavailable to all current and future corrections agents andprobation officers who supervise or will supervise sex offenderson probation or supervised release.After January 1, 1991, a state or local corrections agentor probation officer may not supervise adult or juvenile sexoffenders on probation or supervised release unless the agent orofficer has completed the in-service sex offender supervisiontraining. The commissioner may waive this requirement if thecorrections agent or probation officer has completed equivalenttraining as part of a post-secondary educational curriculum.After January 1, 1991, when an adult sex offender is placedon supervised release or is sentenced to probationarysupervision, and when a juvenile offender is found delinquent bythe juvenile court for a sex offense and placed on probation oris paroled from a juvenile correctional facility, a correctionsagent or probation officer may not be assigned to the offenderunless the agent or officer has completed the in-service sexoffender supervision training.
Sec. 2. [242.195] [JUVENILE SEX OFFENDERS.]
Subdivision 1. [TREATMENT PROGRAMS.] The commissioner ofcorrections shall provide for a range of sex offender treatmentprograms, including intensive sex offender treatment, forjuveniles within state juvenile correctional facilities andthrough purchase of service from county and private residentialand outpatient juvenile sex offender treatment programs.Subd. 2. [SECURE CONFINEMENT.] If a juvenile sex offendercommitted to the custody of the commissioner is in need ofsecure confinement, the commissioner shall provide for theappropriate level of sex offender treatment within a securefacility or unit in a state juvenile correctional facility.Subd. 3. [DISPOSITIONS.] When a juvenile is committed tothe commissioner of corrections by a juvenile court, upon afinding of delinquency for a sex offense, the commissioner may,for the purposes of treatment and rehabilitation:(1) order the child confined to a state juvenilecorrectional facility that provides the appropriate level ofjuvenile sex offender treatment;(2) purchase sex offender treatment from a county and placethe child in the county's qualifying juvenile correctionalfacility;(3) purchase sex offender treatment from a qualifyingprivate residential juvenile sex offender treatment program andplace the child in the program;(4) purchase outpatient juvenile sex offender treatment forthe child from a qualifying county or private program and orderthe child released on parole under treatment and othersupervisions and conditions the commissioner believes to beappropriate;(5) order reconfinement or renewed parole, revoke or modifyany order, or discharge the child under the procedures providedin section 242.19, subdivision 2, paragraphs (c), (d), and (e);or(6) refer the child to a county welfare board or licensedchild-placing agency for placement in foster care, or whenappropriate, for initiation of child in need of protection orservices proceedings under section 242.19, subdivision 2,paragraph (f).Subd. 4. [QUALIFYING FACILITIES; TREATMENT PROGRAMS.] Thecommissioner may not place a juvenile in a correctional facilityunder this section unless the facility has met the requirementsof section 241.021, subdivision 2.
Sec. 3. Minnesota Statutes 1988, section 244.04,
subdivision 1, is amended to read:
Subdivision 1. [REDUCTION OF SENTENCE.] Notwithstanding
the provisions of section 609.11, subdivision 6, and section
609.346, subdivision 1, the term of imprisonment of any inmate
sentenced to a presumptive fixed sentence after May 1, 1980,
shall be reduced in duration by one day for each two days during
which the inmate violates none of the disciplinary offense rules
promulgated by the commissioner. The reduction shall accrue to
the period of supervised release to be served by the inmate,except that the period of supervised release for a sex offendersentenced and conditionally released by the commissioner undersection 10, subdivision 5, is governed by that provision.
Except as otherwise provided in subdivision 2, if an inmate
violates a disciplinary offense rule promulgated by the
commissioner, good time earned prior to the violation may not be
taken away, but the inmate may be required to serve an
appropriate portion of the term of imprisonment after the
violation without earning good time.
Sec. 4. Minnesota Statutes 1988, section 244.05,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISED RELEASE REQUIRED.] Except as
provided in subdivisions 4 and 5, every inmate shall serve a
supervised release term upon completion of the inmate's term of
imprisonment as reduced by any good time earned by the inmate or
extended by confinement in punitive segregation pursuant to
section 244.04, subdivision 2. Except for a sex offenderconditionally released under section 10, subdivision 5, the
supervised release term shall be equal to the period of good
time the inmate has earned, and shall not exceed the length of
time remaining in the inmate's sentence.
Sec. 5. Minnesota Statutes 1988, section 244.05,
subdivision 3, is amended to read:
Subd. 3. [SANCTIONS FOR VIOLATION.] If an inmate violates
the conditions of the inmate's supervised release imposed by the
commissioner, the commissioner may:
(1) continue the inmate's supervised release term, with or
without modifying or enlarging the conditions imposed on the
inmate; or
(2) revoke the inmate's supervised release and reimprison
the inmate for the appropriate period of time.
The period of time for which a supervised release may be
revoked may not exceed the period of time remaining in the
inmate's sentence, except that for a sex offender sentenced andconditionally released under section 10, subdivision 5, theperiod of time for which conditional release may be revoked maynot exceed the balance of the original sentence imposed lessgood time earned under section 244.04, subdivision 1.
Sec. 6. Minnesota Statutes 1988, section 260.185,
subdivision 1, is amended to read:
Subdivision 1. If the court finds that the child is
delinquent, it shall enter an order making any of the following
dispositions of the case which are deemed necessary to the
rehabilitation of the child:
(a) Counsel the child or the parents, guardian, or
custodian;
(b) Place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court including reasonable rules
for conduct and the conduct of the child's parents, guardian, or
custodian, designed for the physical, mental, and moral
well-being and behavior of the child, or with the consent of the
commissioner of corrections, in a group foster care facility
which is under the management and supervision of said
commissioner;
(c) Subject to the supervision of the court, transfer legal
custody of the child to one of the following:
(1) A child placing agency; or
(2) The county welfare board; or
(3) A reputable individual of good moral character. No
person may receive custody of two or more unrelated children
unless licensed as a residential facility pursuant to sections
245.781 to 245.812; or
(4) Except for children found to be delinquent as definedin section 260.015, subdivision 5, clauses (c) and (d), A county
home school, if the county maintains a home school or enters
into an agreement with a county home school; or
(5) A county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;
(d) Except for children found to be delinquent as definedin section 260.015, subdivision 5, clauses (c) and (d), Transfer
legal custody by commitment to the commissioner of corrections;
(e) If the child is found to have violated a state or local
law or ordinance which has resulted in damage to the property of
another, the court may order the child to make reasonable
restitution for such damage;
(f) Require the child to pay a fine of up to $700; the
court shall order payment of the fine in accordance with a time
payment schedule which shall not impose an undue financial
hardship on the child;
(g) If the child is in need of special treatment and care
for reasons of physical or mental health, the court may order
the child's parent, guardian, or custodian to provide it. If
the parent, guardian, or custodian fails to provide this
treatment or care, the court may order it provided;
(h) If the court believes that it is in the best interests
of the child and of public safety that the driver's license of
the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the
cancellation of the child's license for any period up to the
child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before
the termination of the period of cancellation, the court may,
for good cause, recommend to the commissioner of public safety
that the child be authorized to apply for a new license, and the
commissioner may so authorize.
If the child is petitioned and found by the court to havecommitted or attempted to commit an act in violation of section609.342, 609.343, 609.344, or 609.345, the court shall order anindependent professional assessment of the child's need for sexoffender treatment. An assessor providing an assessment for thecourt may not have any direct or shared financial interest orreferral relationship resulting in shared financial gain with atreatment provider. If the assessment indicates that the childis in need of and amenable to sex offender treatment, the courtshall include in its disposition order a requirement that thechild undergo treatment.
Any order for a disposition authorized under this section
shall contain written findings of fact to support the
disposition ordered, and shall also set forth in writing the
following information:
(a) Why the best interests of the child are served by the
disposition ordered; and
(b) What alternative dispositions were considered by the
court and why such dispositions were not appropriate in the
instant case.
This subdivision applies to dispositions of juveniles foundto be delinquent as defined in section 260.015, subdivision 5,clause (c) or (d) made prior to, on, or after January 1, 1978.
Sec. 7. [299C.155] [STANDARDIZED EVIDENCE COLLECTION; DNA
ANALYSIS DATA AND RECORDS.]
Subdivision 1. [DEFINITION.] As used in this section, "DNAanalysis" means the process through which deoxyribonucleic acid(DNA) in a human biological specimen is analyzed and comparedwith DNA from another human biological specimen foridentification purposes.Subd. 2. [UNIFORM EVIDENCE COLLECTION.] The bureau shalldevelop uniform procedures and protocols for collecting evidencein cases of alleged or suspected criminal sexual conduct,including procedures and protocols for the collection andpreservation of human biological specimens for DNA analysis.Law enforcement agencies and medical personnel who conductevidentiary exams shall use the uniform procedures and protocolsin their investigation of criminal sexual conduct offenses.Subd. 3. [DNA ANALYSIS AND DATA BANK.] The bureau shalladopt uniform procedures and protocols to maintain, preserve,and analyze human biological specimens for DNA. The bureaushall establish a centralized system to cross-reference dataobtained from DNA analysis.Subd. 4. [RECORDS.] The bureau shall perform DNA analysisand make data obtained available to law enforcement officials inconnection with criminal investigations in which humanbiological specimens have been recovered. Upon request, thebureau shall also make the data available to the prosecutor andthe subject of the data in any subsequent criminal prosecutionof the subject.
Sec. 8. Minnesota Statutes 1988, section 526.10, is
amended to read:
526.10 [LAWS RELATING TO MENTALLY ILL PERSONS DANGEROUS TO
THE PUBLIC TO APPLY TO PSYCHOPATHIC PERSONALITIES; TRANSFER TOCORRECTIONS.]
Subdivision 1. [PROCEDURE.] Except as otherwise
provided hereinin this section or in chapter 253B, the
provisions of chapter 253B, pertaining to persons mentally ill
and dangerous to the public shall apply with like force and
effect to persons having a psychopathic personality, to persons
alleged to have such personality, and to persons found to have
such personality, respectively. Before such proceedings are
instituted, the facts shall first be submitted to the county
attorney, who, if satisfied that good cause exists therefor,
shall prepare the petition to be executed by a person having
knowledge of the facts and file the same with the judge of the
probate court of the county in which the "patient," as defined
in such statutes, has a settlement or is present. The judge of
probate shall thereupon follow the same procedures set forth in
chapter 253B, for judicial commitment. The judge may exclude
the general public from attendance at such hearing. If, upon
completion of the hearing and consideration of the record, the
court finds the proposed patient has a psychopathic personality,
the court shall commit such person to a public hospital or a
private hospital consenting to receive the person, subject to a
mandatory review by the head of the hospital within 60 days from
the date of the order as provided for in chapter 253B for
persons found to be mentally ill and dangerous to the public.
The patient shall thereupon be entitled to all of the rights
provided for in chapter 253B, for persons found to be mentally
ill and dangerous to the public, and all of the procedures
provided for in chapter 253B, for persons found to be mentally
ill and dangerous to the public shall apply to such
patient except as otherwise provided in subdivision 2.
Subd. 2. [TRANSFER TO CORRECTIONAL FACILITY.] Unless theprovisions of section 9 apply, if a person has been committedunder this section and also has been committed to the custody ofthe commissioner of corrections, the person may be transferredfrom a hospital to another facility designated by thecommissioner of corrections as provided in section 253B.18;except that the special review board and the commissioner ofhuman services may consider the following factors in lieu of thefactors listed in section 253B.18, subdivision 6, to determinewhether a transfer to the commissioner of corrections isappropriate:(1) the person's unamenability to treatment;(2) the person's unwillingness or failure to followtreatment recommendations;(3) the person's lack of progress in treatment at thepublic or private hospital;(4) the danger posed by the person to other patients orstaff at the public or private hospital; and(5) the degree of security necessary to protect the public.
Sec. 9. [609.1351] [PETITION FOR CIVIL COMMITMENT.]
When a court sentences a person under section 10, 609.342,609.343, 609.344, or 609.345, the court shall make a preliminarydetermination whether in the court's opinion a petition undersection 526.10 may be appropriate. If the court determines thata petition may be appropriate, the court shall forward itspreliminary determination along with supporting documentation tothe county attorney. If the person is subsequently committedunder section 526.10, the person shall serve the sentence in afacility designated by the commissioner of corrections. Afterthe person has served the sentence the person shall betransferred to a facility designated by the commissioner ofhuman services.
Sec. 10. [609.1352] [PATTERNED SEX OFFENDERS; SPECIAL
SENTENCING PROVISION.]
Subdivision 1. [SENTENCING AUTHORITY.] A court maysentence a person to a term of imprisonment of not less thandouble the presumptive sentence under the sentencing guidelinesand not more than the statutory maximum, or if the statutorymaximum is less than double the presumptive sentence, to a termof imprisonment equal to the statutory maximum, if:(1) the court is imposing an executed sentence, based on asentencing guidelines presumptive imprisonment sentence or adispositional departure for aggravating circumstances or amandatory minimum sentence, on a person convicted of committingor attempting to commit a violation of section 609.342, 609.343,609.344, or 609.345, or on a person convicted of committing orattempting to commit any other crime listed in subdivision 2 ifit reasonably appears to the court that the crime was motivatedby the offender's sexual impulses or was part of a predatorypattern of behavior that had criminal sexual conduct as itsgoal;(2) the court finds that the offender is a danger to publicsafety; and(3) the court finds that the offender needs long-termtreatment or supervision beyond the presumptive term ofimprisonment and supervised release. The finding must be basedon a professional assessment by an examiner experienced inevaluating sex offenders that concludes that the offender is apatterned sex offender. The assessment must contain the factsupon which the conclusion is based, with reference to theoffense history of the offender or the severity of the currentoffense, the social history of the offender, and the results ofan examination of the offender's mental status. The conclusionmay not be based on testing alone. A patterned sex offender isone whose criminal sexual behavior is so engrained that the riskof reoffending is great without intensive psychotherapeuticintervention or other long-term controls.Subd. 2. [PREDATORY CRIME.] A predatory crime is a felonyviolation of section 609.185, 609.19, 609.195, 609.20, 609.205,609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,or 609.582, subdivision 1.Subd. 3. [DANGER TO PUBLIC SAFETY.] The court shall baseits finding that the offender is a danger to public safety oneither of the following factors:(1) the crime involved an aggravating factor that wouldjustify a durational departure from the presumptive sentenceunder the sentencing guidelines; or(2) the offender previously committed or attempted tocommit a predatory crime or a violation of section 609.224,including an offense committed as a juvenile that would havebeen a predatory crime or a violation of section 609.224 ifcommitted by an adult.Subd. 4. [DEPARTURE FROM GUIDELINES.] A sentence imposedunder subdivision 1 is a departure from the sentencingguidelines.Subd. 5. [CONDITIONAL RELEASE.] At the time of sentencingunder subdivision 1, the court may provide that after theoffender has completed one-half of the full pronounced sentenceimposed, without regard to good time, the commissioner ofcorrections may place the offender on conditional release forthe remainder of the statutory maximum period or for ten years,whichever is longer, if the commissioner finds that:(1) the offender is amenable to treatment and has madesufficient progress in a sex offender treatment programavailable in prison to be released to a sex offender treatmentprogram operated by the department of human services or acommunity sex offender treatment and reentry program; and(2) the offender has been accepted in a program approved bythe commissioner that provides treatment, aftercare, and phasedreentry into the community.The conditions of release must include successfulcompletion of treatment and aftercare in a program approved bythe commissioner and any other conditions the commissionerconsiders appropriate. Before the offender is released, thecommissioner shall notify the sentencing court, the prosecutorin the jurisdiction where the offender was sentenced and thevictim of the offender's crime, where available, of the terms ofthe offender's conditional release. Release may be revoked andthe stayed sentence executed in its entirety less good time ifthe offender fails to meet any condition of release. Thecommissioner shall not dismiss the offender from supervisionbefore the sentence expires.Conditional release granted under this subdivision isgoverned by provisions relating to supervised release, except asotherwise provided in this subdivision, section 244.04,subdivision 1, or 244.05.Subd. 6. [COMMISSIONER OF CORRECTIONS.] The commissionershall pay the cost of treatment of a person released undersubdivision 5. This section does not require the commissionerto accept or retain an offender in a treatment program.
Sec. 11. Minnesota Statutes 1988, section 609.341,
subdivision 11, is amended to read:
Subd. 11. (a) "Sexual contact," for the purposes of
sections 609.343, subdivision 1, clauses (a) to (f), and
609.345, subdivision 1, clauses (a) to (e), and (h) to (j)(k),
includes any of the following acts committed without the
complainant's consent, except in those cases where consent is
not a defense, and committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts, or
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts effected by coercion
or the use of a position of authority, or by inducement if the
complainant is under 13 years of age or mentally impaired, or
(iii) the touching by another of the complainant's intimate
parts effected by coercion or the use of a position of
authority, or
(iv) in any of the cases above, the touching of the
clothing covering the immediate area of the intimate parts.
(b) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (g) and (h), and 609.345, subdivision 1,
clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts;
(iii) the touching by another of the complainant's intimate
parts; or
(iv) in any of the cases listed above, touching of the
clothing covering the immediate area of the intimate parts.
Sec. 12. Minnesota Statutes 1988, section 609.342,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person convicted under subdivision 1
may be sentenced to imprisonment for not more than 2025 years
or to a payment of a fine of not more than $35,000$40,000, or
both.
Sec. 13. Minnesota Statutes 1988, section 609.343,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person convicted under subdivision 1
may be sentenced to imprisonment for not more than 1520 years
or to a payment of a fine of not more than $30,000$35,000, or
both.
Sec. 14. Minnesota Statutes 1988, section 609.344,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person convicted under subdivision 1
may be sentenced to imprisonment for not more than ten15 years
or to a payment of a fine of not more than $20,000$30,000, or
both.
Sec. 15. Minnesota Statutes 1988, section 609.345,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person convicted under subdivision 1
may be sentenced to imprisonment for not more than fiveten
years or to a payment of a fine of not more
than $10,000$20,000, or both.
Sec. 16. [609.3461] [DNA ANALYSIS OF SEX OFFENDERS
REQUIRED.]
When a court sentences a person convicted of violating orattempting to violate section 609.342, 609.343, 609.344, or609.345, or the juvenile court adjudicates a person a delinquentchild for violating or attempting to violate section 609.342,609.343, 609.344, or 609.345, it shall order the person toprovide a biological specimen for the purpose of DNA analysis asdefined in section 7. The biological specimen or the results ofthe analysis shall be maintained by the bureau of criminalapprehension as provided in section 7. If a person convicted ofviolating or attempting to violate section 609.342, 609.343,609.344, or 609.345, and committed to the custody of thecommissioner of corrections for a term of imprisonment has notprovided a biological specimen for the purpose of DNA analysis,the commissioner of corrections or local corrections authorityshall order the person to provide a biological specimen for thepurpose of DNA analysis before completion of the person's termof imprisonment. The commissioner of corrections or localcorrections authority shall forward the sample to the bureau ofcriminal apprehension.
Sec. 17. Minnesota Statutes 1988, section 628.26, is
amended to read:
628.26 [LIMITATIONS.]
(a) Indictments or complaints for murder may be found or
made at any time after the death of the person killed.
(b) Indictments or complaints for violation of section
609.42, subdivision 1, clause (1) or (2), shall be found or made
and filed in the proper court within six years after the
commission of the offense.
(c) Indictments or complaints for violation of sections
609.342 to 609.345 if the victim was under the age of 18 years
at the time the offense was committed, shall be found or made
and filed in the proper court within seven years after the
commission of the offense or, if the victim failed to report theoffense within this limitation period, within two years afterthe offense was reported to law enforcement authorities, but inno event may an indictment or complaint be found or made afterthe victim attains the age of 25 years.
(d) Indictments or complaints for violation of sections
609.466 and 609.52, subdivision 2, clause (3)(c) shall be found
or made and filed in the proper court within six years after the
commission of the offense.
(e) Indictments or complaints for violation of section
609.52, subdivision 2, clause (3), items (a) and (b), (4), (15),
or (16), 609.631, or 609.821, where the value of the property or
services stolen is more than $35,000, shall be found or made and
filed in the proper court within five years after the commission
of the offense.
(f) Except for violations relating to false material
statements, representations or omissions, indictments or
complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the
commission of the offense.
(g) In all other cases, indictments or complaints shall be
found or made and filed in the proper court within three years
after the commission of the offense; but the time during which
the defendant shall not be an inhabitant of, or usually resident
within, this state, shall not constitute any part of the
limitations imposed by this section.
Sec. 18. [634.25] [ADMISSIBILITY OF RESULTS OF DNA
ANALYSIS.]
In a civil or criminal trial or hearing, the results of DNAanalysis, as defined in section 10, are admissible in evidencewithout antecedent expert testimony that DNA analysis provides atrustworthy and reliable method of identifying characteristicsin an individual's genetic material upon a showing that theoffered testimony meets the standards for admissibility setforth in the Rules of Evidence.
Sec. 19. [634.26] [STATISTICAL PROBABILITY EVIDENCE.]
In a civil or criminal trial or hearing, statisticalpopulation frequency evidence, based on genetic or blood testresults, is admissible to demonstrate the fraction of thepopulation that would have the same combination of geneticmarkers as was found in a specific human biological specimen."Genetic marker" means the various blood types or DNA types thatan individual may possess.
Sec. 20. [CHILD PROTECTION SYSTEM STUDY COMMISSION.]
Subdivision 1. [MEMBERSHIP.] A child protection systemstudy commission is created consisting of five members of thehouse of representatives appointed by the speaker of the houseand five members of the senate appointed by the senatesubcommittee on subcommittees. The commission shall select fromits membership a chair or co-chairs and other officers itconsiders necessary.Subd. 2. [STUDIES.] The commission shall study:(1) the current structure and operation of the childprotection system at the state and county level;(2) the current operation of the child abuse reporting act,including whether the reporting act should be expanded tomandate reports of emotional harm and threatened harm, andwhether its definitions of physical and sexual abuse should beexpanded to include threatened harm;(3) the ways in which the child protection system canprovide more effective intervention and prevention services forsexually aggressive and sexually abused children; and(4) other ways in which the child protection system and thechild abuse reporting act can be improved.Subd. 3. [REPORT.] The commission shall report to thelegislature on its findings and recommendations not later thanFebruary 15, 1990, and ceases to function after that date.Subd. 4. [COMPENSATION.] Members of the commission must becompensated in the same manner as for other legislative meetings.
Sec. 21. [EVALUATION OF SEX OFFENDER TREATMENT FUNDING.]
Subdivision 1. [EVALUATION.] The commissioner ofcorrections and the commissioner of human services shallevaluate funding mechanisms for existing sex offender treatmentprograms. The commissioners must evaluate the funding of sexoffender treatment programs for adults and juveniles and makefindings concerning:(1) the extent to which sex offender treatment programs areused on a statewide basis; and(2) the effectiveness and adequacy of existing fundingmechanisms.Subd. 2. [PILOT PROGRAM EVALUATION.] The commissioner ofcorrections and the commissioner of human services shallevaluate the pilot programs designated under section 1,subdivision 5, and include an analysis of the programs in thereport required under this section.Subd. 3. [REPORT.] The commissioner of corrections and thecommissioner of human services shall report to the legislatureby January 1, 1991, their findings and recommendations toimprove funding equity and statewide availability of treatmentprograms, including recommendations to increase funding.
Sec. 22. [EFFECTIVE DATE.]
Sections 1, 2, 7 to 9, 11, 18, and 19 are effective August1, 1989. Sections 3 to 6, 10, and 12 to 15 are effective August1, 1989 and apply to offenses committed on or after that date,but a court may consider acts committed before the effectivedate in determining whether an offender is a danger to publicsafety under section 10, subdivision 3. Section 17 is effectiveAugust 1, 1989, and applies to crimes committed on or after thatdate, and to crimes committed before that date if thelimitations period for the crime did not expire before August 1,1989. Section 16 is effective January 1, 1990, and applies topersons sentenced or released from incarceration on or afterthat date.
ARTICLE 5
PRENATAL EXPOSURE TO CERTAIN CONTROLLED SUBSTANCES
Section 1. [121.883] [PROGRAM FOR PUBLIC EDUCATION
REGARDING THE EFFECTS OF CONTROLLED SUBSTANCE AND ALCOHOL USE
DURING PREGNANCY.]
Subdivision 1. [PUBLIC EDUCATION REGARDING THE EFFECTS OF
CONTROLLED SUBSTANCE AND ALCOHOL USE DURING PREGNANCY.] Thecommissioner of education, in consultation with the commissionerof health, shall assist school districts in developing andimplementing programs to prevent and reduce the risk of harm tounborn children exposed to controlled substance and alcohol useby their mother during pregnancy. Each district program must,at a minimum:(1) use planning materials, guidelines, and othertechnically accurate and updated information;(2) maintain a comprehensive, technically accurate, andupdated curriculum;(3) be directed at adolescents, especially those who may beat high risk of pregnancy coupled with controlled substance oralcohol use;(4) provide in-service training for appropriate districtstaff; and(5) collaborate with appropriate state and local agenciesand organizations.
Sec. 2. Minnesota Statutes 1988, section 253B.02,
subdivision 2, is amended to read:
Subd. 2. [CHEMICALLY DEPENDENT PERSON.] "Chemically
dependent person" means any person (a) determined as being
incapable of self-management or management of personal affairs
by reason of the habitual and excessive use of alcohol or drugs;
and (b) whose recent conduct as a result of habitual and
excessive use of alcohol or drugs poses a substantial likelihood
of physical harm to self or others as demonstrated by (i) a
recent attempt or threat to physically harm self or others, (ii)
evidence of recent serious physical problems, or (iii) a failure
to obtain necessary food, clothing, shelter, or medical care.
"Chemically dependent person" also means a pregnant woman whohas engaged during the pregnancy in habitual or excessive use,for a nonmedical purpose, of any of the following controlledsubstances or their derivatives: cocaine, heroin,phencyclidine, methamphetamine, or amphetamine.
Sec. 3. Minnesota Statutes 1988, section 253B.02,
subdivision 10, is amended to read:
Subd. 10. [INTERESTED PERSON.] "Interested person" means
an adult, including but not limited to, a public official,
including a local welfare agency acting under section 5, and the
legal guardian, spouse, parent, legal counsel, adult child, next
of kin, or other person designated by a proposed patient.
Sec. 4. Minnesota Statutes 1988, section 626.556,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
content indicates otherwise:
(a) "Sexual abuse" means the subjection by a person
responsible for the child's care, or by a person in a position
of authority, as defined in section 609.341, subdivision 10, to
any act which constitutes a violation of section 609.342,
609.343, 609.344, or 609.345. Sexual abuse also includes any
act which involves a minor which constitutes a violation of
sections 609.321 to 609.324 or 617.246.
(b) "Person responsible for the child's care" means (1) an
individual functioning within the family unit and having
responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities,
or (2) an individual functioning outside the family unit and
having responsibilities for the care of the child such as a
teacher, school administrator, or other lawful custodian of a
child having either full-time or short-term care
responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and
coaching.
(c) "Neglect" means failure by a person responsible for a
child's care to supply a child with necessary food, clothing,
shelter or medical care when reasonably able to do so or failure
to protect a child from conditions or actions which imminently
and seriously endanger the child's physical or mental health
when reasonably able to do so. Nothing in this section shall be
construed to (1) mean that a child is neglected solely because
the child's parent, guardian, or other person responsible for
the child's care in good faith selects and depends upon
spiritual means or prayer for treatment or care of disease or
remedial care of the child, or (2) impose upon persons, not
otherwise legally responsible for providing a child with
necessary food, clothing, shelter, or medical care, a duty to
provide that care. "Neglect" includes prenatal exposure to acontrolled substance, as defined in section 5, used by themother for a nonmedical purpose, as evidenced by withdrawalsymptoms in the child at birth, results of a toxicology testperformed on the mother at delivery or the child at birth, ormedical effects or developmental delays during the child's firstyear of life that medically indicate prenatal exposure to acontrolled substance. Neglect also means "medical neglect" as
defined in section 260.015, subdivision 102a, clause (e)(5).
(d) "Physical abuse" means any physical injury inflicted by
a person responsible for the child's care on a child other than
by accidental means, or any physical injury that cannot
reasonably be explained by the child's history of injuries, or
any aversive and deprivation procedures that have not been
authorized under section 245.825.
(e) "Report" means any report received by the local welfare
agency, police department, or county sheriff pursuant to this
section.
(f) "Facility" means a day care facility, residential
facility, agency, hospital, sanitarium, or other facility or
institution required to be licensed pursuant to sections 144.50
to 144.58, 241.021, or 245.781 to 245.812.
(g) "Operator" means an operator or agency as defined in
section 245A.02.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes of
subdivision 3, includes but is not limited to employee
assistance counseling and the provision of guardian ad litem
services.
Sec. 5. [626.5561] [REPORTING OF PRENATAL EXPOSURE TO
CONTROLLED SUBSTANCES.]
Subdivision 1. [REPORTS REQUIRED.] A person mandated toreport under section 626.556, subdivision 3, shall immediatelyreport to the local welfare agency if the person knows or hasreason to believe that a woman is pregnant and has used acontrolled substance for a nonmedical purpose during thepregnancy. Any person may make a voluntary report if the personknows or has reason to believe that a woman is pregnant and hasused a controlled substance for a nonmedical purpose during thepregnancy.Subd. 2. [LOCAL WELFARE AGENCY.] If the report alleges apregnant woman's use of a controlled substance for a nonmedicalpurpose, the local welfare agency shall immediately conduct anappropriate assessment and offer services indicated under thecircumstances. Services offered may include, but are notlimited to, a referral for chemical dependency assessment, areferral for chemical dependency treatment if recommended, and areferral for prenatal care. The local welfare agency may alsotake any appropriate action under chapter 253B, includingseeking an emergency admission under section 253B.05. The localwelfare agency shall seek an emergency admission under section253B.05 if the pregnant woman refuses recommended voluntaryservices or fails recommended treatment.Subd. 3. [RELATED PROVISIONS.] Reports under this sectionare governed by section 626.556, subdivisions 4, 4a, 5, 6, 7, 8,and 11.Subd. 4. [CONTROLLED SUBSTANCES.] For purposes of thissection and section 6, "controlled substance" means a controlledsubstance classified in schedule I, II, or III under chapter 152.
Sec. 6. [626.5562] [TOXICOLOGY TESTS REQUIRED.]
Subdivision 1. [TEST; REPORT.] A physician shalladminister a toxicology test to a pregnant woman under thephysician's care to determine whether there is evidence that shehas ingested a controlled substance, if the woman hasobstetrical complications that are a medical indication ofpossible use of a controlled substance for a nonmedicalpurpose. If the test results are positive, the physician shallreport the results under section 5. A negative test result doesnot eliminate the obligation to report under section 5, if otherevidence gives the physician reason to believe the patient hasused a controlled substance for a nonmedical purpose.Subd. 2. [NEWBORNS.] A physician shall administer to eachnewborn infant born under the physician's care a toxicology testto determine whether there is evidence of prenatal exposure to acontrolled substance, if the physician has reason to believebased on a medical assessment of the mother or the infant thatthe mother used a controlled substance for a nonmedical purposeprior to the birth. If the test results are positive, thephysician shall report the results as neglect under section626.556. A negative test result does not eliminate theobligation to report under section 626.556 if other medicalevidence of prenatal exposure to a controlled substance ispresent.Subd. 3. [REPORT TO DEPARTMENT OF HEALTH.] Physiciansshall report to the department of health the results of testsperformed under subdivisions 1 and 2. A report shall be made onFebruary 1 and August 1 of each year, beginning February 1,1990. The reports are medical data under section 13.42.Subd. 4. [IMMUNITY FROM LIABILITY.] Any physician or othermedical personnel administering a toxicology test to determinethe presence of a controlled substance in a pregnant woman or ina child at birth or during the first month of life is immunefrom civil or criminal liability arising from administration ofthe test, if the physician ordering the test believes in goodfaith that the test is required under this section and the testis administered in accordance with an established protocol andreasonable medical practice.Subd. 5. [RELIABILITY OF TESTS.] A positive test resultreported under this section must be obtained from a confirmatorytest performed by a drug testing laboratory licensed by thedepartment of health. The confirmatory test must meet thestandards established under section 181.953, subdivision 1, andthe rules adopted under it.
ARTICLE 6
PENALTY INCREASES
Section 1. Minnesota Statutes 1988, section 169.09,
subdivision 14, is amended to read:
Subd. 14. [PENALTIES.] (a) The driver of any vehicle who
violates subdivision 1 or 6 and who caused the accident is
punishable as follows:
(1) if the accident results in the death of any person, the
driver is guilty of a felony and may be sentenced to
imprisonment for not more than ten years, or to payment of a
fine of not more than $20,000, or both;
(2) if the accident results in great bodily harm to any
person, as defined in section 609.02, subdivision 8, the driver
is guilty of a felony and may be sentenced to imprisonment for
not more than five years, or to payment of a fine of not more
than $10,000, or both; or
(3) if the accident results in substantial bodily harm to
any person, as defined in section 609.02, subdivision 7a, the
driver is guilty of a felony and may be sentenced to
imprisonment for not more than three years, or to payment of a
fine of not more than $5,000, or both.
(b) The driver of any vehicle who violates subdivision 1 or
6 and who did not cause the accident is punishable as follows:
(1) if the accident results in the death of any person, the
driver is guilty of a felony and may be sentenced to
imprisonment for not more than three years, or to payment of a
fine of not more than $5,000, or both;
(2) if the accident results in great bodily harm to any
person, as defined in section 609.02, subdivision 8, the driver
is guilty of a felony and may be sentenced to imprisonment for
not more than one year and one daytwo years, or to payment of a
fine of not more than $3,000$4,000, or both; or
(3) if the accident results in substantial bodily harm to
any person, as defined in section 609.02, subdivision 7a, the
driver may be sentenced to imprisonment for not more than one
year, or to payment of a fine of not more than $3,000, or both.
(c) The driver of any vehicle involved in an accident not
resulting in substantial bodily harm or death who violates
subdivision 1 or 6 may be sentenced to imprisonment for not more
than one year, or to payment of a fine of not more than $3,000,
or both.
(d) Any person who violates subdivision 3, clause (b) is
guilty of a petty misdemeanor.
(e) Any person who violates subdivision 2, 3, clause (a),
4, 5, 7, 8, 10, 11, or 12 is guilty of a misdemeanor.
The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section shall also be responsible for
prosecution of gross misdemeanor violations of this section.
Sec. 2. Minnesota Statutes 1988, section 297D.09,
subdivision 1a, is amended to read:
Subd. 1a. [CRIMINAL PENALTY; SALE WITHOUT AFFIXED STAMPS.]
In addition to the tax penalty imposed, a dealer distributing or
possessing marijuana or controlled substances without affixing
the appropriate stamps, labels, or other indicia is guilty of a
crime and, upon conviction, may be sentenced to imprisonment for
not more than fiveseven years or to payment of a fine of not
more than $10,000$14,000, or both.
Sec. 3. Minnesota Statutes 1988, section 299F.80,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivision 2,
whoever possesses explosives without a valid license or permit
may be sentenced to imprisonment for not more than threefive
years.
Sec. 4. Minnesota Statutes 1988, section 325D.56,
subdivision 2, is amended to read:
Subd. 2. Any person who is found to have willfully
committed any of the acts enumerated in section 325D.53 shall be
guilty of a felony and subject to a fine of not more than
$50,000 or imprisonment in the state penitentiary for not more
than fiveseven years, or both.
Sec. 5. Minnesota Statutes 1988, section 609.205, is
amended to read:
609.205 [MANSLAUGHTER IN THE SECOND DEGREE.]
A person who causes the death of another by any of the
following means is guilty of manslaughter in the second degree
and may be sentenced to imprisonment for not more than seventen
years or to payment of a fine of not more than $14,000$20,000,
or both:
(1) by the person's culpable negligence whereby the person
creates an unreasonable risk, and consciously takes chances of
causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous
weapon as a result of negligently believing the other to be a
deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or
other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal,
known by the person to have vicious propensities or to have
caused great or substantial bodily harm in the past, to run
uncontrolled off the owner's premises, or negligently failing to
keep it properly confined.
If proven by a preponderance of the evidence, it shall be
an affirmative defense to criminal liability under clause (4)
that the victim provoked the animal to cause the victim's death.
Sec. 6. Minnesota Statutes 1988, section 609.21,
subdivision 1, is amended to read:
Subdivision 1. [RESULTING IN DEATH.] Whoever causes the
death of a human being not constituting murder or manslaughter
as a result of operating a vehicle as defined in section 169.01,
subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more,
is guilty of criminal vehicular operation resulting in death and
may be sentenced to imprisonment for not more than fiveten
years or to payment of a fine of not more than $10,000$20,000,
or both.
Sec. 7. Minnesota Statutes 1988, section 609.21,
subdivision 2, is amended to read:
Subd. 2. [RESULTING IN INJURY.] Whoever causes great
bodily harm to another, as defined in section 609.02,
subdivision 8, not constituting attempted murder or assault as a
result of operating a vehicle defined in section 169.01,
subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more,
is guilty of criminal vehicular operation resulting in injury
and may be sentenced to imprisonment for not more than threefive years or the payment of a fine of not more than
$5,000$10,000, or both.
Sec. 8. Minnesota Statutes 1988, section 609.221, is
amended to read:
609.221 [ASSAULT IN THE FIRST DEGREE.]
Whoever assaults another and inflicts great bodily harm may
be sentenced to imprisonment for not more than ten20 years or
to payment of a fine of not more than $20,000$30,000, or both.
Sec. 9. Minnesota Statutes 1988, section 609.222, is
amended to read:
609.222 [ASSAULT IN THE SECOND DEGREE.]
Whoever assaults another with a dangerous weapon may be
sentenced to imprisonment for not more than fiveseven years or
to payment of a fine of not more than $10,000$14,000, or both.
Sec. 10. Minnesota Statutes 1988, section 609.223, is
amended to read:
609.223 [ASSAULT IN THE THIRD DEGREE.]
Whoever assaults another and inflicts substantial bodily
harm may be sentenced to imprisonment for not more than threefive years or to payment of a fine of not more than
$5,000$10,000, or both.
Sec. 11. Minnesota Statutes 1988, section 609.2231,
subdivision 1, is amended to read:
Subdivision 1. [PEACE OFFICERS.] Whoever assaults a peace
officer licensed under section 626.845, subdivision 1, when that
officer is effecting a lawful arrest or executing any other duty
imposed by law and inflicts demonstrable bodily harm is guilty
of a felony and may be sentenced to imprisonment for not more
than one year and a daytwo years or to payment of a fine of not
more than $3,000$4,000, or both.
Sec. 12. Minnesota Statutes 1988, section 609.255,
subdivision 3, is amended to read:
Subd. 3. [UNREASONABLE RESTRAINT OF CHILDREN.] A parent,
legal guardian, or caretaker who intentionally subjects a child
under the age of 18 years to unreasonable physical confinement
or restraint by means including but not limited to, tying,
locking, caging, or chaining for a prolonged period of time and
in a cruel manner which is excessive under the circumstances, is
guilty of unreasonable restraint of a child and may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both. If the confinement or
restraint results in substantial bodily harm, that person may be
sentenced to imprisonment for not more than threefive years or
to payment of not more than $5,000$10,000, or both.
Sec. 13. Minnesota Statutes 1988, section 609.2665, is
amended to read:
609.2665 [MANSLAUGHTER OF AN UNBORN CHILD IN THE SECOND
DEGREE.]
A person who causes the death of an unborn child by any of
the following means is guilty of manslaughter of an unborn child
in the second degree and may be sentenced to imprisonment for
not more than seventen years or to payment of a fine of not
more than $14,000$20,000, or both:
(1) by the actor's culpable negligence whereby the actor
creates an unreasonable risk and consciously takes chances of
causing death or great bodily harm to an unborn child or a
person;
(2) by shooting the mother of the unborn child with a
firearm or other dangerous weapon as a result of negligently
believing her to be a deer or other animal;
(3) by setting a spring gun, pit fall, deadfall, snare, or
other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal,
known by the person to have vicious propensities or to have
caused great or substantial bodily harm in the past, to run
uncontrolled off the owner's premises, or negligently failing to
keep it properly confined.
If proven by a preponderance of the evidence, it shall be
an affirmative defense to criminal liability under clause (4)
that the mother of the unborn child provoked the animal to cause
the unborn child's death.
Sec. 14. Minnesota Statutes 1988, section 609.267, is
amended to read:
609.267 [ASSAULT OF AN UNBORN CHILD IN THE FIRST DEGREE.]
Whoever assaults a pregnant woman and inflicts great bodily
harm on an unborn child who is subsequently born alive may be
sentenced to imprisonment for not more than ten15 years or to
payment of a fine of not more than $20,000$30,000, or both.
Sec. 15. Minnesota Statutes 1988, section 609.323,
subdivision 1, is amended to read:
Subdivision 1. Whoever, while acting other than as a
prostitute or patron, intentionally receives profit, knowing or
having reason to know that it is derived from the prostitution,
or the promotion of the prostitution, of an individual under the
age of 13 years, may be sentenced to imprisonment for not more
than ten15 years or to payment of a fine of not more than
$20,000$30,000, or both.
Sec. 16. Minnesota Statutes 1988, section 609.377, is
amended to read:
609.377 [MALICIOUS PUNISHMENT OF A CHILD.]
A parent, legal guardian, or caretaker who, by an
intentional act or a series of intentional acts with respect to
a child, evidences unreasonable force or cruel discipline that
is excessive under the circumstances is guilty of malicious
punishment of a child and may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than
$3,000, or both. If the punishment results in substantial
bodily harm, that person may be sentenced to imprisonment for
not more than threefive years or to payment of a fine of not
more than $5,000$10,000, or both.
Sec. 17. Minnesota Statutes 1988, section 609.445, is
amended to read:
609.445 [FAILURE TO PAY OVER STATE FUNDS.]
Whoever receives money on behalf of or for the account of
the state or any of its agencies or subdivisions and
intentionally refuses or omits to pay the same to the state or
its agency or subdivision entitled thereto, or to an officer or
agent authorized to receive the same, may be sentenced to
imprisonment for not more than threefive years or to payment of
a fine of not more than $5,000$10,000, or both.
Sec. 18. Minnesota Statutes 1988, section 609.48,
subdivision 4, is amended to read:
Subd. 4. [SENTENCE.] Whoever violates this section may be
sentenced as follows:
(1) If the false statement was made upon the trial of a
felony charge, or upon an application for an explosives license
or use permit, to imprisonment for not more than fiveseven
years or to payment of a fine of not more than $10,000$14,000,
or both; or
(2) In all other cases, to imprisonment for not more than
threefive years or to payment of a fine of not more than
$5,000$10,000, or both.
Sec. 19. Minnesota Statutes 1988, section 609.487,
subdivision 4, is amended to read:
Subd. 4. [FLEEING AN OFFICER; DEATH; BODILY INJURY.]
Whoever flees or attempts to flee by means of a motor vehicle a
peace officer who is acting in the lawful discharge of an
official duty, and the perpetrator knows or should reasonably
know the same to be a peace officer, and who in the course of
fleeing causes the death of a human being not constituting
murder or manslaughter or any bodily injury to any person other
than the perpetrator may be sentenced to imprisonment as follows:
(a) If the course of fleeing results in death, to
imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both; or
(b) If the course of fleeing results in great bodily harm,
to imprisonment for not more than fiveseven years or to payment
of a fine of not more than $10,000$14,000, or both; or
(c) If the course of fleeing results in substantial bodily
harm, to imprisonment for not more than threefive years or to
payment of a fine of not more than $5,000$10,000, or both.
Sec. 20. Minnesota Statutes 1988, section 609.576, is
amended to read:
609.576 [NEGLIGENT FIRES.]
Whoever is culpably negligent in causing a fire to burn or
get out of control thereby causing damage or injury to another,
and as a result thereof:
(a) a human being is injured and great bodily harm
incurred, is guilty of a crime and may be sentenced to
imprisonment of not more than threefive years or to a fine of
not more than $5,000$10,000, or both; or
(b) property of another is injured, thereby, is guilty of a
crime and may be sentenced as follows:
(1) to imprisonment for not more than 90 days or to payment
of a fine of not more than $700, or both, if the value of the
property damage is under $300;
(2) to imprisonment for not more than one year, or to a
fine of $3,000 or both, if the value of the property damaged is
at least $300 but is less than $10,000;
(3) to imprisonment for not less than 90 days nor more than
three years, or to a fine of not more than $5,000, or both, if
the value of the property damaged is $10,000 or more.
Sec. 21. Minnesota Statutes 1988, section 609.62,
subdivision 2, is amended to read:
Subd. 2. [ACTS CONSTITUTING.] Whoever, with intent to
defraud, does any of the following may be sentenced to
imprisonment for not more than twothree years or to payment of
a fine of not more than $4,000$6,000, or both:
(1) Conceals, removes, or transfers any personal property
in which the actor knows that another has a security interest;
or
(2) Being an obligor and knowing the location of the
property refuses to disclose the same to an obligee entitled to
possession thereof.
Sec. 22. Minnesota Statutes 1988, section 609.86,
subdivision 3, is amended to read:
Subd. 3. [SENTENCE.] Whoever commits commercial bribery
may be sentenced as follows:
(1) To imprisonment for not more than threefive years or
to payment of a fine of not more than $5,000$10,000, or both,
if the value of the benefit, consideration, compensation or
reward is greater than $500;
(2) In all other cases where the value of the benefit,
consideration, compensation or reward is $500 or less, to
imprisonment for not more than 90 days or to payment of a fine
of not more than $700; provided, however, in any prosecution of
the value of the benefit, consideration, compensation or reward
received by the defendant within any six-month period may be
aggregated and the defendant charged accordingly in applying the
provisions of this subdivision; provided that when two or more
offenses are committed by the same person in two or more
counties, the accused may be prosecuted in any county in which
one of the offenses was committed, or all of the offenses
aggregated under this clause.
Sec. 23. [EFFECTIVE DATE.]
Sections 1 to 22 are effective August 1, 1989, and apply tocrimes committed on or after that date.
ARTICLE 7
MISCELLANEOUS CRIMINAL PROVISIONS
Section 1. Minnesota Statutes 1988, section 340A.701, is
amended to read:
340A.701 [FELONIES.]
Subdivision 1. [UNLAWFUL ACTS.] It is a felony:
(1) to manufacture alcoholic beverages in violation of this
chapter;
(2) to transport or import alcoholic beverages into the
state in violation of this chapter for purposes of resale; or
(3) to sell or give away for beverage purposes poisonous
alcohol, methyl alcohol, denatured alcohol, denaturing material,
or any other alcoholic substance capable of causing serious
physical or mental injuries to a person consuming it.; or(4) for a person other than a licensed retailer ofalcoholic beverages, a bottle club permit holder, a municipalliquor store, or an employee or agent of any of these who isacting within the scope of employment, to violate the provisionsof section 340A.503, subdivision 2, clause (1), by sellingalcoholic beverages if the underage purchaser of the alcoholicbeverage becomes intoxicated and causes or suffers death orgreat bodily harm as a result of the intoxication.Subd. 2. [PRESUMPTIVE SENTENCE.] In determining anappropriate disposition for a violation of subdivision 1, clause(4), the court shall presume that a stay of execution with a90-day period of incarceration as a condition of probation shallbe imposed unless the defendant's criminal history scoredetermined according to the sentencing guidelines indicates apresumptive executed sentence, in which case the presumptiveexecuted sentence shall be imposed unless the court departs fromthe sentencing guidelines under section 244.10. A stay ofimposition of sentence may be granted only if accompanied by astatement on the record of the reasons for it.
Sec. 2. Minnesota Statutes 1988, section 340A.702, is
amended to read:
340A.702 [GROSS MISDEMEANORS.]
It is a gross misdemeanor:
(1) to sell an alcoholic beverage without a license
authorizing the sale;
(2) for a licensee to refuse or neglect to obey a lawful
direction or order of the commissioner or the commissioner's
agent, withhold information or a document the commissioner calls
for examination, obstruct or mislead the commissioner in the
execution of the commissioner's duties or swear falsely under
oath;
(3) to violate the provisions of sections 340A.301 to
340A.313;
(4) to violate the provisions of section 340A.508;
(5) for any person, partnership, or corporation to
knowingly have or possess direct or indirect interest in more
than one off-sale intoxicating liquor license in a municipality
in violation of section 340A.412, subdivision 3;
(6) to sell or otherwise dispose of intoxicating liquor
within 1,000 feet of a state hospital, training school,
reformatory, prison, or other institution under the supervision
and control, in whole or in part, of the commissioner of human
services or the commissioner of corrections;
(7) to violate the provisions of section 340A.502;
(8) except as otherwise provided in section 340A.701, to
violate the provisions of section 340A.503, subdivision 2,
clause (1) or (3);
(9) to withhold any information, book, paper, or other
thing called for by the commissioner for the purpose of an
examination;
(10) to obstruct or mislead the commissioner in the
execution of the commissioner's duties; or
(11) to swear falsely concerning any matter stated under
oath.
Sec. 3. Minnesota Statutes 1988, section 609.26,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS.] Whoever intentionally
does any of the following acts may be charged with a felony and,
upon conviction, may be sentenced as provided in subdivision 6:
(1) conceals a minor child from the child's parent where
the action manifests an intent substantially to deprive that
parent of parental rights or conceals a minor child from another
person having the right to visitation or custody where the
action manifests an intent to substantially deprive that person
of rights to visitation or custody;
(2) takes, obtains, retains, or fails to return a minor
child in violation of a court order which has transferred legal
custody under chapter 260 to the commissioner of human services,
a child placing agency, or the county welfare board;
(3) takes, obtains, retains, or fails to return a minor
child from or to the parent in violation of a court order, where
the action manifests an intent substantially to deprive that
parent of rights to visitation or custody; or
(4) takes, obtains, retains, or fails to return a minor
child from or to a parent after commencement of an action
relating to child visitation or custody but prior to the
issuance of an order determining custody or visitation rights,
where the action manifests an intent substantially to deprive
that parent of parental rights.; or(5) retains a child in this state with the knowledge thatthe child was removed from another state in violation of any ofthe above provisions.
Sec. 4. Minnesota Statutes 1988, section 609.26,
subdivision 6, is amended to read:
Subd. 6. [PENALTY.] Except as otherwise provided in
subdivision 5, whoever violates this section may be sentenced toimprisonment for not more than two years or to payment of a fineof $4,000, or both.as follows:(1) to imprisonment for not more than two years or topayment of a fine of not more than $4,000, or both; or(2) to imprisonment for not more than four years or topayment of a fine of not more than $8,000, or both, if the courtfinds that:(i) the defendant committed the violation while possessinga dangerous weapon or caused substantial bodily harm to effectthe taking;(ii) the defendant abused or neglected the child during theconcealment, detention, or removal of the child;(iii) the defendant inflicted or threatened to inflictphysical harm on a parent or lawful custodian of the child or onthe child with intent to cause the parent or lawful custodian todiscontinue criminal prosecution;(iv) the defendant demanded payment in exchange for returnof the child or demanded to be relieved of the financial orlegal obligation to support the child in exchange for return ofthe child; or(v) the defendant has previously been convicted under thissection or a similar statute of another jurisdiction.
Sec. 5. Minnesota Statutes 1988, section 609.52, is
amended to read:
609.52 [THEFT.]
Subdivision 1. [DEFINITIONS.] In this section:
(1) "Property" means all forms of tangible property,
whether real or personal, without limitation including documents
of value, electricity, gas, water, corpses, domestic animals,
dogs, pets, fowl, and heat supplied by pipe or conduit by
municipalities or public utility companies and articles, as
defined in clause (4), representing trade secrets, which
articles shall be deemed for the purposes of Extra Session Laws
1967, chapter 15 to include any trade secret represented by the
article.
(2) "Movable property" is property whose physical location
can be changed, including without limitation things growing on,
affixed to or found in land.
(3) "Value" means the retail market value at the time of
the theft, or if the retail market value cannot be ascertained,
the cost of replacement of the property within a reasonable time
after the theft, or in the case of a theft or the making of a
copy of an article representing a trade secret, where the retail
market value or replacement cost cannot be ascertained, any
reasonable value representing the damage to the owner which the
owner has suffered by reason of losing an advantage over those
who do not know of or use the trade secret. For a theft
committed within the meaning of subdivision 2, clause (5), (a)
and (b), if the property has been restored to the owner, "value"
means the value of the use of the property or the damage which
it sustained, whichever is greater, while the owner was deprived
of its possession, but not exceeding the value otherwise
provided herein.
(4) "Article" means any object, material, device or
substance, including any writing, record, recording, drawing,
sample specimen, prototype, model, photograph, microorganism,
blueprint or map, or any copy of any of the foregoing.
(5) "Representing" means describing, depicting, containing,
constituting, reflecting or recording.
(6) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or
process, that:
(i) derives independent economic value, actual or
potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.
(7) "Copy" means any facsimile, replica, photograph or
other reproduction of an article, and any note, drawing, or
sketch made of or from an article while in the presence of the
article.
(8) "Property of another" includes property in which the
actor is coowner or has a lien, pledge, bailment, or lease or
other subordinate interest, and property of a partnership of
which the actor is a member, unless the actor and the victim are
husband and wife. It does not include property in which the
actor asserts in good faith a claim as a collection fee or
commission out of property or funds recovered, or by virtue of a
lien, setoff, or counterclaim.
(9) "Services" include but are not limited to labor,
professional services, transportation services, electronic
computer services, the supplying of hotel accommodations,
restaurant services, entertainment services, advertising
services, telecommunication services, and the supplying of
equipment for use.
(10) "Motor vehicle" means a self-propelled device formoving persons or property or pulling implements from one placeto another, whether the device is operated on land, rails,water, or in the air.
Subd. 2. [ACTS CONSTITUTING THEFT.] Whoever does any of
the following commits theft and may be sentenced as provided in
subdivision 3:
(1) intentionally and without claim of right takes, uses,
transfers, conceals or retains possession of movable property of
another without the other's consent and with intent to deprive
the owner permanently of possession of the property; or
(2) having a legal interest in movable property,
intentionally and without consent, takes the property out of the
possession of a pledgee or other person having a superior right
of possession, with intent thereby to deprive the pledgee or
other person permanently of the possession of the property; or
(3) obtains for the actor or another the possession,
custody or title to property of or performance of services by a
third person by intentionally deceiving the third person with a
false representation which is known to be false, made with
intent to defraud, and which does defraud the person to whom it
is made. "False representation" includes without limitation:
(a) the issuance of a check, draft, or order for the
payment of money, except a forged check as defined in section
609.631, or the delivery of property knowing that the actor is
not entitled to draw upon the drawee therefor or to order the
payment or delivery thereof; or
(b) a promise made with intent not to perform. Failure to
perform is not evidence of intent not to perform unless
corroborated by other substantial evidence; or
(c) the preparation or filing of a claim for reimbursement,
a rate application, or a cost report used to establish a rate or
claim for payment for medical care provided to a recipient of
medical assistance under chapter 256B, which intentionally and
falsely states the costs of or actual services provided by a
vendor of medical care; or
(4) by swindling, whether by artifice, trick, device, or
any other means, obtains property or services from another
person; or
(5) intentionally commits any of the acts listed in this
subdivision but with intent to exercise temporary control only
and;
(a) the control exercised manifests an indifference to the
rights of the owner or the restoration of the property to the
owner; or
(b) the actor pledges or otherwise attempts to subject the
property to an adverse claim; or
(c) the actor intends to restore the property only on
condition that the owner pay a reward or buy back or make other
compensation; or
(6) finds lost property and, knowing or having reasonable
means of ascertaining the true owner, appropriates it to the
finder's own use or to that of another not entitled thereto
without first having made reasonable effort to find the owner
and offer and surrender the property to the owner; or
(7) intentionally obtains property or services, offered
upon the deposit of a sum of money or tokens in a coin or token
operated machine or other receptacle, without making the
required deposit or otherwise obtaining the consent of the
owner; or
(8) intentionally and without claim of right converts any
article representing a trade secret, knowing it to be such, to
the actor's own use or that of another person or makes a copy of
an article representing a trade secret, knowing it to be such,
and intentionally and without claim of right converts the same
to the actor's own use or that of another person. It shall be a
complete defense to any prosecution under this clause for the
defendant to show that information comprising the trade secret
was rightfully known or available to the defendant from a source
other than the owner of the trade secret; or
(9) leases or rents personal property under a written
instrument and who with intent to place the property beyond the
control of the lessor conceals or aids or abets the concealment
of the property or any part thereof, or any lessee of the
property who sells, conveys, or encumbers the property or any
part thereof without the written consent of the lessor, without
informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease and with intent
to deprive the lessor of possession thereof. Evidence that a
lessee used a false or fictitious name or address in obtaining
the property or fails or refuses to return the property to
lessor within five days after written demand for the return has
been served personally in the manner provided for service of
process of a civil action or sent by certified mail to the last
known address of the lessee, whichever shall occur later, shall
be evidence of intent to violate this clause. Service by
certified mail shall be deemed to be complete upon deposit in
the United States mail of such demand, postpaid and addressed to
the person at the address for the person set forth in the lease
or rental agreement, or, in the absence of the address, to the
person's last known place of residence; or
(10) alters, removes, or obliterates numbers or symbols
placed on movable property for purpose of identification by the
owner or person who has legal custody or right to possession
thereof with the intent to prevent identification, if the person
who alters, removes, or obliterates the numbers or symbols is
not the owner and does not have the permission of the owner to
make the alteration, removal, or obliteration; or
(11) with the intent to prevent the identification of
property involved, so as to deprive the rightful owner of
possession thereof, alters or removes any permanent serial
number, permanent distinguishing number or manufacturer's
identification number on personal property or possesses, sells
or buys any personal property with knowledge that the permanent
serial number, permanent distinguishing number or manufacturer's
identification number has been removed or altered; or
(12) intentionally deprives another of a lawful charge for
cable television service by
(i) making or using or attempting to make or use an
unauthorized external connection outside the individual dwelling
unit whether physical, electrical, acoustical, inductive, or
other connection, or by
(ii) attaching any unauthorized device to any cable, wire,
microwave, or other component of a licensed cable communications
system as defined in chapter 238. Nothing herein shall be
construed to prohibit the electronic video rerecording of
program material transmitted on the cable communications system
by a subscriber for fair use as defined by Public Law Number
94-553, section 107; or
(13) except as provided in paragraphs (12) and (14),
obtains the services of another with the intention of receiving
those services without making the agreed or reasonably expected
payment of money or other consideration; or
(14) intentionally deprives another of a lawful charge for
telecommunications service by:
(i) making, using, or attempting to make or use an
unauthorized connection whether physical, electrical, by wire,
microwave, radio or other means to a component of a local
telecommunication system as provided in chapter 237; or
(ii) attaching an unauthorized device to a cable, wire,
microwave, radio, or other component of a local
telecommunication system as provided in chapter 237.
The existence of an unauthorized connection is prima facie
evidence that the occupier of the premises:
(i) made or was aware of the connection; and
(ii) was aware that the connection was unauthorized; or
(15) with intent to defraud, diverts corporate property
other than in accordance with general business purposes or for
purposes other than those specified in the corporation's
articles of incorporation; or
(16) with intent to defraud, authorizes or causes a
corporation to make a distribution in violation of section
302A.551, or any other state law in conformity with it.; or(17) intentionally takes or drives a motor vehicle withoutthe consent of the owner or an authorized agent of the owner.
Subd. 3. [SENTENCE.] Whoever commits theft may be
sentenced as follows:
(1) to imprisonment for not more than 20 years or to
payment of a fine of not more than $100,000, or both, if the
value of the property or services stolen is more than $35,000
and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16); or
(2) to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both, if the
value of the property or services stolen exceeds $2,500, or if
the property stolen was an article representing a trade secret,an explosive or incendiary device, or a controlled substance
listed in schedule 1 or 2 pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:
(a) the value of the property or services stolen is more
than $500 but not more than $2,500; or
(b) the property stolen was a controlled substance listed
in schedule 3, 4, or 5 pursuant to section 152.02; or
(c) the value of the property or services stolen is more
than $200 but not more than $500 and the person has been
convicted within the preceding five years for an offense under
this section, section 256.98; 268.18, subdivision 3; 609.24;
609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625;
609.63; 609.631; or 609.821, or a statute from another state in
conformity with any of those sections, and the person received a
felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to
which a plea was entered would allow imposition of a felony or
gross misdemeanor sentence; or
(4) to imprisonment for not more than five years or topayment of a fine of not more than $10,000, or both,notwithstanding(d) the value of the property or services stolen is not
more than $200, if$500, and any of the following circumstances
exist:
(a)(i) the property is taken from the person of another or
from a corpse, or grave or coffin containing a corpse; or
(b)(ii) the property is a record of a court or officer, or
a writing, instrument or record kept, filed or deposited
according to law with or in the keeping of any public officer or
office; or
(c)(iii) the property is taken from a burning building or
upon its removal therefrom, or from an area of destruction
caused by civil disaster, riot, bombing, or the proximity of
battle; or
(d)(iv) the property consists of public funds belonging to
the state or to any political subdivision or agency thereof; or
(e)(v) the property is a firearm; or
(f)(vi) the property stolen wasis a motor vehicle asdefined in section 609.55; or
(5) to imprisonment for not more than ten years or topayment of a fine of not more than $20,000, or both, if theproperty stolen is an article representing a trade secret; or ifthe property stolen is an explosive or an incendiary device; or(6)(4) to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the value
of the property or services stolen is more than $200 but not
more than $500; or
(7)(5) in all other cases where the value of the property
or services stolen is $200 or less, to imprisonment for not more
than 90 days or to payment of a fine of not more than $700, or
both, provided, however, in any prosecution under subdivision 2,
clauses (1), (2), (3), (4), and (13), the value of the money or
property or services received by the defendant in violation of
any one or more of the above provisions within any six-month
period may be aggregated and the defendant charged accordingly
in applying the provisions of this subdivision; provided that
when two or more offenses are committed by the same person in
two or more counties, the accused may be prosecuted in any
county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
Sec. 6. [609.526] [PRECIOUS METAL DEALERS; RECEIVING
STOLEN PROPERTY.]
Any precious metal dealer as defined in section 325F.731,subdivision 2, or any person employed by a precious metal dealeras defined in section 325F.731, subdivision 2, who receives,possesses, transfers, buys, or conceals any stolen property orproperty obtained by robbery, knowing or having reason to knowthe property was stolen or obtained by robbery, may be sentencedas follows:(1) if the value of the property received, bought, orconcealed is $1,000 or more, to imprisonment for not more thanten years or to payment of a fine of not more than $50,000, orboth;(2) if the value of the property received, bought, orconcealed is less than $1,000 but more than $300, toimprisonment for not more than five years or to payment of afine of not more than $40,000, or both;(3) if the value of the property received, bought, orconcealed is $300 or less, to imprisonment for not more than 90days or to payment of a fine of not more than $700, or both.Any person convicted of violating this section a second orsubsequent time within a period of one year may be sentenced asprovided in clause (1).
Sec. 7. Minnesota Statutes 1988, section 609.53,
subdivision 1, is amended to read:
Subdivision 1. [PENALTY.] Except as otherwise provided insection 6, any person who receives, possesses, transfers, buys
or conceals any stolen property or property obtained by robbery,
knowing or having reason to know the property was stolen or
obtained by robbery, may be sentenced as follows:(1) if the value of the property is $1,000 or more, toimprisonment for not more than ten years or to payment of a fineof not more than $20,000, or both;(2) if the value of the property is less than $1,000, butmore than $300, to imprisonment for not more than five years orto payment of a fine of not more than $10,000, or both;(3) if the value of the property is $300 or less, toimprisonment for not more than 90 days or to payment of a fineof not more than $700, or both;(4) notwithstanding the value of the property, if theproperty is a firearm, to imprisonment for not more than fiveyears or to payment of a fine of not more than $10,000, orbothin accordance with the provisions of section 609.52,subdivision 3.
Sec. 8. Minnesota Statutes 1988, section 609.53,
subdivision 4, is amended to read:
Subd. 4. [CIVIL ACTION; TREBLE DAMAGES.] Any person who
has been injured by a violation of subdivisionssubdivision 1 or
3section 6 may bring an action for three times the amount of
actual damages, sustained by the plaintiff or $1,500, whichever
is greater, and the costs of suit and reasonable attorney's fees.
Sec. 9. [609.546] [MOTOR VEHICLE TAMPERING.]
A person is guilty of a misdemeanor who intentionally:(1) rides in or on a motor vehicle knowing that the vehiclewas taken and is being driven by another without the owner'spermission; or(2) tampers with or enters into or on a motor vehiclewithout the owner's permission.
Sec. 10. Minnesota Statutes 1988, section 609.631,
subdivision 2, is amended to read:
Subd. 2. [CHECK FORGERY; ELEMENTS.] A person who,isguilty of check forgery and may be sentenced under subdivision 4if the person, with intent to defraud, does any of the following:(1) falsely makes or alters a check so that it purports to
have been made by another or by the maker under an assumed or
fictitious name, or at another time, or with different
provisions, or by the authority of one who did not give
authority, is guilty of check forgery and may be sentenced asprovided in subdivision 4; or(2) falsely endorses or alters a check so that it purportsto have been endorsed by another.
Sec. 11. Minnesota Statutes 1988, section 624.701, is
amended to read:
624.701 [LIQUORS IN CERTAIN BUILDINGS OR GROUNDS.]
Subdivision 1. Except as otherwise provided in subdivision1a, any person who shall introduce upon, or have in possessionupon, or in,introduces or possesses an alcoholic beverage, asdefined in section 340A.101, on any school ground, or in any
schoolhouse or school building, any alcoholic beverage asdefined in section 340A.101, except foris guilty of amisdemeanor.Subd. 1a. [EXCEPTIONS.] Subdivision 1 does not apply tothe following:(1) experiments in laboratories and except for;(2) those organizations who have been issued temporary
licenses to sell nonintoxicating malt liquor pursuant to section
340A.403, subdivision 2, and;(3) any person possessing nonintoxicating malt liquor as a
result of a purchase from those organizations holding temporary
licenses pursuant to section 340A.403, subdivision 2, shall beguilty of a misdemeanor; or(4) the possession or use of alcoholic beverages in analcohol use awareness program that is held at a post-secondaryschool, sponsored or approved by the school, and limited topersons 21 years old or older.
Subd. 2. Any person who except by prescription of a
licensed physician or permission of the hospital administrator
shall introduce upon, or have in possession upon, or in, any
state hospital or grounds thereof under the responsibility of
the commissioner of human services any alcoholic beverage as
defined in section 340A.101, shall be guilty of a misdemeanor.
Sec. 12. Laws 1989, chapter 5, section 3, is amended to
read:
Sec. 3. [609.396] [UNAUTHORIZED PRESENCE AT CAMP RIPLEY.]
Subdivision 1. [MISDEMEANOR.] A person is guilty of amisdemeanor if the person intentionally and withoutauthorization of the adjutant general enters or is present onthe Camp Ripley military reservation.Subd. 2. [FELONY.] A person is guilty of a felony and may
be sentenced to not more than five years imprisonment or to
payment of a fine of not more than $10,000, or both, if:
(1) the person intentionally enters or is present withoutauthorization of the adjutant general in an area at the Camp
Ripley military reservation that is posted by order of the
adjutant general as restricted for weapon firing or other
hazardous military activity; and
(2) the person knows that doing so creates a risk of death,
bodily harm, or serious property damage.
Sec. 13. [INSTRUCTION TO REVISOR; REFERENCE CHANGE.]
The revisor of statutes shall change the reference toMinnesota Statutes, section 609.55, subdivision 1, in section609.605, subdivision 1, clause (10), to section 609.52,subdivision 1, clause (10).
Sec. 14. [REPEALER.]
Minnesota Statutes 1988, sections 609.53, subdivisions 1a,3, and 3a, is repealed. Minnesota Statutes 1988, section609.55, as amended by Laws 1989, chapter 5, sections 5, 6, and7, is repealed.
Sec. 15. [EFFECTIVE DATE.]
Sections 1 to 14 are effective August 1, 1989, and apply tocrimes committed on or after that date.
ARTICLE 8
FIRE DEPARTMENT ACCESS TO
CRIMINAL HISTORY DATA
Section 1. [299F.035] [FIRE DEPARTMENT ACCESS TO AND USE
OF CRIMINAL HISTORY DATA.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in thissubdivision apply to this section.(b) "Criminal history data" has the meaning given insection 13.87.(c) "Criminal justice agency" has the meaning given insection 299C.46, subdivision 2.(d) "Fire department" has the meaning given in section299F.092, subdivision 6.(e) "Private data" has the meaning given in section 13.02,subdivision 12.Subd. 2. [ACCESS TO DATA.] The superintendent of thebureau of criminal apprehension, in consultation with the statefire marshal, shall develop and implement a plan for firedepartments to have access to criminal history data. The planmust include:(1) security procedures to prevent unauthorized use ordisclosure of private data; and(2) a procedure for the hiring authority in each fireprotection agency to fingerprint job applicants, submit requeststo the bureau of criminal apprehension, and obtain state andfederal criminal history data reports for a nominal fee.Subd. 3. [RELATION OF CONVICTION TO FIRE
PROTECTION.] Criminal history data may be used in assessing fireprotection agency job applicants only if the criminal historydata are directly related to the position of employment sought.Subd. 4. [DETERMINATION OF RELATIONSHIP.] In determiningif criminal history data are directly related to the position ofemployment sought, the hiring authority may consider:(1) the nature and seriousness of the criminal history dataon the job applicant;(2) the relationship of the criminal history data to thepurposes of regulating the position of employment sought; and(3) the relationship of the criminal history data to theability, capacity, and fitness required to perform the dutiesand discharge the responsibilities of the position of employmentsought.
Sec. 2. Minnesota Statutes 1988, section 364.09, is
amended to read:
364.09 [EXCEPTIONS.]
This chapter shall not apply to the practice of law
enforcement, to fire protection agencies, to eligibility for a
family day care license, a family foster care license, a home
care provider license, or to eligibility for school bus driver
endorsements. Nothing in this section shall be construed to
preclude the Minnesota police and peace officers training
board or the state fire marshal from recommending policies set
forth in this chapter to the attorney general for adoption in
the attorney general's discretion to apply to law enforcement orfire protection agencies.
Sec. 3. Minnesota Statutes 1988, section 626.52,
subdivision 3, is amended to read:
Subd. 3. [REPORTING BURNS.] A health professional
shall immediatelyfile a written report with the state firemarshal within 72 hours after being notified of a burn injury or
wound that the professional is called upon to treat, dress, or
bandage, if the victim has sustained second- or third-degree
burns to five percent or more of the body, the victim has
sustained burns to the upper respiratory tract or sustained
laryngeal edema from inhaling superheated air, or the victim has
sustained a burn injury or wound that may result in the victim's
death. The health professional shall make the initial report bytelephoning the burn hotline in order to allow the proper lawenforcement or other investigatory authority to be notified.Within 72 hours, the professional shall also file a writtenreport with The state fire marshal, on ashall provide the form
provided by the fire marshalfor the report.
ARTICLE 9
DRUG POLICY PROGRAMS
Section 1. [299A.29] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For purposes of sections 1to 8, the following terms have the meanings given them in thissection.Subd. 2. [DEMAND REDUCTION.] "Demand reduction" means anactivity carried on by a drug program agency that is designed toreduce demands for drugs, including education, prevention,treatment, and rehabilitation programs.Subd. 3. [DRUG.] "Drug" means a controlled substance asdefined in section 152.01, subdivision 4.Subd. 4. [DRUG PROGRAM AGENCY.] "Drug program agency"means an agency of the state, a political subdivision of thestate, or the United States government that is involved indemand reduction or supply reduction.Subd. 5. [SUPPLY REDUCTION.] "Supply reduction" means anactivity carried on by a drug program agency that is designed toreduce the supply or use of drugs, including law enforcement,eradication, and prosecutorial activities.
Sec. 2. [299A.30] [OFFICE OF DRUG POLICY.]
Subdivision 1. [OFFICE; ASSISTANT COMMISSIONER.] Theoffice of drug policy is an office in the department of publicsafety headed by an assistant commissioner appointed by thecommissioner to serve in the unclassified service. Theassistant commissioner may appoint other employees in theunclassified service. The assistant commissioner shallcoordinate the activities of drug program agencies and serve asstaff to the drug abuse prevention resource council.Subd. 2. [DUTIES.] (a) The assistant commissioner shallgather and make available information on demand reduction andsupply reduction throughout the state, foster cooperation amongdrug program agencies, and assist agencies and public officialsin training and other programs designed to improve theeffectiveness of demand reduction and supply reduction.(b) The assistant commissioner shall coordinate thedistribution of funds received by the state of Minnesota throughthe federal Anti-Drug Abuse Act. The assistant commissioner mayobtain technical assistance from the state planning agency toperform this function. The assistant commissioner shallrecommend to the commissioner recipients of grants undersections 5 and 6, after consultation with the drug abuseprevention resource council.(c) The assistant commissioner shall:(1) after consultation with all drug program agenciesoperating in the state, develop a state drug strategyencompassing the efforts of those agencies and taking intoaccount all money available for demand reduction and supplyreduction, from any source;(2) submit the strategy to the governor and the legislatureby January 15 of each year, along with a summary of demandreduction and supply reduction during the preceding calendaryear;(3) assist appropriate professional and occupationalorganizations, including organizations of law enforcementofficers, prosecutors, and educators, in developing andoperating informational and training programs to improve theeffectiveness of demand reduction and supply reduction; and(4) provide information and assistance to drug programagencies, both directly and by functioning as a clearinghousefor information from other drug program agencies.
Sec. 3. [299A.31] [DRUG ABUSE PREVENTION RESOURCE COUNCIL;
ESTABLISHMENT; MEMBERSHIP.]
Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] A drug abuseprevention resource council consisting of 18 members isestablished. The commissioners of public safety, education,health, human services, and the state planning agency, and theattorney general shall each appoint one member from among theiremployees. The speaker of the house of representatives and thesubcommittee on committees of the senate shall each appoint alegislative member. The governor shall appoint an additionalten members who shall demonstrate knowledge in the area of drugabuse prevention, shall represent the demographic and geographiccomposition of the state and, to the extent possible, shallrepresent the following groups: parents, educators, clergy,local government, racial and ethnic minority communities,professional providers of drug abuse prevention services,volunteers in private, nonprofit drug prevention programs, andthe business community. The members shall designate one of thegovernor's appointees as chair of the council. Compensation andremoval of members are governed by section 15.059.Subd. 2. [ACCEPTANCE OF FUNDS AND DONATIONS.] The councilmay accept federal money, gifts, donations, and bequests for thepurpose of performing the duties set forth in this section andsection 4. The council shall use its best efforts to solicitfunds from private individuals and organizations to match stateappropriations.
Sec. 4. [299A.32] [RESPONSIBILITIES OF THE COUNCIL.]
Subdivision 1. [PURPOSE OF THE COUNCIL.] The generalpurpose of the council is to foster the coordination anddevelopment of a statewide drug abuse prevention policy.Subd. 2. [SPECIFIC DUTIES AND RESPONSIBILITIES.] Infurtherance of the general purpose specified in subdivision 1,the council has the following duties and responsibilities:(1) it shall develop a coordinated, statewide drug abuseprevention policy;(2) it shall develop a mission statement that defines theroles and relationships of agencies operating within thecontinuum of chemical health care;(3) it shall develop guidelines for drug abuse preventionprogram development and operation based on its research andprogram evaluation activities;(4) it shall assist local governments and groups inplanning, organizing, and establishing comprehensive,community-based drug abuse prevention programs and services;(5) it shall coordinate and provide technical assistance toorganizations and individuals seeking public or private fundingfor drug abuse prevention programs, and to government andprivate agencies seeking to grant funds for these purposes;(6) it shall assist providers of drug abuse preventionservices in implementing, monitoring, and evaluating new andexisting programs and services;(7) it shall provide information on and analysis of therelative public and private costs of drug abuse prevention,enforcement, intervention, and treatment efforts; and(8) it shall advise the assistant commissioner of theoffice of drug policy in awarding grants and in other duties.Subd. 3. [ANNUAL REPORT.] On or before February 1, 1991,and each year thereafter, the council shall submit a writtenreport to the legislature describing its activities during thepreceding year, describing efforts that have been made toenhance and improve utilization of existing resources and toidentify deficits in prevention efforts, and recommendingappropriate changes, including any legislative changes that itconsiders necessary or advisable in the area of drug abuseprevention policy, programs, or services.
Sec. 5. [299A.33] [DRUG ABUSE RESISTANCE EDUCATION
PROGRAM.]
Subdivision 1. [PROGRAM.] The drug abuse resistanceeducation program assists law enforcement agencies or schooldistricts by providing grants to enable peace officers toundergo the training described in subdivision 3. Grants may beused to cover the cost of the training as well as reimbursementfor actual, reasonable travel and living expenses incurred inconnection with the training. The commissioner shall administerthe program, shall promote it throughout the state, and isauthorized to receive money from public and private sources foruse in carrying it out. For purposes of this section, "lawenforcement agency" means a police department or sheriff'soffice.Subd. 2. [GRANTS.] A law enforcement agency or a schooldistrict may apply to the commissioner for a grant undersubdivision 1.Subd. 3. [TRAINING PROGRAM.] The bureau of criminalapprehension shall develop a program to train peace officers toteach a curriculum on drug abuse resistance in schools. Thetraining program must be approved by the commissioner.Subd. 4. [AVAILABILITY OF PEACE OFFICER TRAINING.] Thetraining described in subdivision 3 is available on a voluntarybasis to local law enforcement agencies and school districts.Subd. 5. [COORDINATION OF ACTIVITIES.] If the commissionerreceives grant requests from more than one applicant forprograms to be conducted in a single school district, thecommissioner shall require the applicants to submit a plan forcoordination of their training and programs.Subd. 6. [REPORTS.] The commissioner may require grantrecipients to account to the director at reasonable timeintervals regarding the use of the grants and the training andprograms provided.
Sec. 6. [299A.34] [LAW ENFORCEMENT AND COMMUNITY GRANTS.]
Subdivision 1. [GRANT PROGRAMS.] (a) The commissionershall develop grant programs to:(1) assist law enforcement agencies in purchasingequipment, provide undercover buy money, and pay othernonpersonnel costs; and(2) assist community and neighborhood organizations inefforts to prevent or reduce criminal activities in their areas,particularly activities involving youth and the use and sale ofdrugs.(b) The commissioner shall by rule prescribe criteria foreligibility and the award of grants and reporting requirementsfor recipients.Subd. 2. [SELECTION AND MONITORING.] The drug abuseprevention resource council shall assist in the selection andmonitoring of grant recipients.
Sec. 7. [299A.35] [COMMUNITY CRIME REDUCTION PROGRAMS;
GRANTS.]
Subdivision 1. [PROGRAMS.] The commissioner shall, inconsultation with the drug abuse prevention resource council,administer a grant program to fund community-based programs thatare designed to enhance the community's sense of personalsecurity and to assist the community in its crime controlefforts. Examples of qualifying programs include, but are notlimited to, the following:(1) programs to provide security systems for residentialbuildings serving low-income persons, elderly persons, andpersons who have physical or mental disabilities;(2) community-based programs designed to discourage youngpeople from involvement in unlawful drug or street gangactivities;(3) neighborhood block clubs and innovative community-basedcrime watch programs; and(4) other community-based crime prevention programs thatare innovative and encourage substantial involvement by membersof the community served by the program.Subd. 2. [GRANT PROCEDURE.] A local unit of government mayapply for a grant by submitting an application with thecommissioner. The applicant shall specify the following in itsapplication:(1) a description of each program for which funding issought;(2) the amount of funding to be provided to the program;(3) the geographical area to be served by the program; and(4) statistical information as to the number of arrests inthe geographical area for violent crimes and for crimesinvolving schedule I and II controlled substances. "Violentcrime" includes a violation of or an attempt or conspiracy toviolate any of the following laws: sections 609.185; 609.19;609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223;609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661;609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671;609.268; 609.342; 609.343; 609.344; 609.345; 609.498,subdivision 1; 609.561; 609.562; 609.582, subdivision 1;609.687; and any provision of chapter 152 that is punishable bya maximum term of imprisonment greater than ten years.The commissioner shall give priority to funding programs inthe geographical areas that have the highest crime rates, asmeasured by the data supplied under clause (4), and thatdemonstrate substantial involvement by members of the communityserved by the program. The maximum amount that may be awardedto an applicant is $25,000.Subd. 3. [REPORT.] An applicant that receives a grantunder this section shall provide the commissioner with a summaryof how the grant funds were spent and the extent to which theobjectives of the program were achieved. The commissioner shallsubmit a written report with the legislature based on theinformation provided by applicants under this subdivision.
Sec. 8. [299A.36] [OTHER DUTIES.]
The assistant commissioner assigned to the office of drugpolicy, in consultation with the drug abuse prevention resourcecouncil, shall:(1) provide information and assistance upon request toschool preassessment teams established under section 126.034 andschool and community advisory teams established under section126.035;(2) provide information and assistance upon request to thestate board of pharmacy with respect to the board's enforcementof chapter 152;(3) cooperate with and provide information and assistanceupon request to the alcohol and other drug abuse section in thedepartment of human services.(4) assist in coordinating the policy of the office withthat of the narcotic enforcement unit in the bureau of criminalapprehension; and(5) coordinate the activities of the regional drug taskforces, provide assistance and information to them upon request,and assist in the formation of task forces in areas of the statein which no task force operates.
Sec. 9. [299A.37] [COOPERATION OF OTHER AGENCIES.]
State agencies, and agencies and governing bodies ofpolitical subdivisions, shall cooperate with the assistantcommissioner assigned to the office of drug policy and shallprovide any public information requested by the assistantcommissioner assigned to the office of drug policy.
Sec. 10. [299A.38] [SOFT BODY ARMOR REIMBURSEMENT.]
Subdivision 1. [DEFINITIONS.] As used in this section:(a) "Commissioner" means the commissioner of public safety.(b) "Peace officer" means a person who is licensed undersection 626.84, subdivision 1, paragraph (c).(c) "Vest" means bullet-resistant soft body armor that isflexible, concealable, and custom fitted to the peace officer toprovide ballistic and trauma protection.Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officersand heads of local law enforcement agencies who buy vests forthe use of peace officer employees may apply to the commissionerfor reimbursement of funds spent to buy vests. On approving anapplication for reimbursement, the commissioner shall pay theapplicant an amount equal to the lesser of one-third of thevest's purchase price or $165. The political subdivision thatemploys the peace officer shall pay at least the lesser ofone-third of the vest's purchase price or $165.Subd. 3. [ELIGIBILITY REQUIREMENTS.] (a) Only vests thateither meet or exceed the requirements of standard 0101.01 ofthe National Institute of Justice in effect on December 30,1986, or that meet or exceed the requirements of that standard,except wet armor conditioning, are eligible for reimbursement.(b) Eligibility for reimbursement is limited to vestsbought after December 31, 1986, by or for peace officers (1) whodid not own a vest meeting the requirements of paragraph (a)before the purchase, or (2) who owned a vest that was at leastsix years old.Subd. 4. [RULES.] The commissioner may adopt rules underchapter 14 to administer this section.Subd 5. [LIMITATION OF LIABILITY.] A state agency,political subdivision of the state, or state or local governmentemployee that provides reimbursement for purchase of a vestunder this section is not liable to a peace officer or the peaceofficer's heirs for negligence in the death of or injury to thepeace officer because the vest was defective or deficient.Subd. 6. [RIGHT TO BENEFITS UNAFFECTED.] A peace officerwho is reimbursed for the purchase of a vest under this sectionand who suffers injury or death because the officer failed towear the vest, or because the officer wore a vest that wasdefective or deficient, may not lose or be denied a benefit orright, including a benefit under section 176B.04, to which theofficer, or the officer's heirs, is otherwise entitled.
Sec. 11. Minnesota Statutes 1988, section 388.14, is
amended to read:
388.14 [CONTINGENT FUND; EXPENSES.]
The county board may set apart yearly a sum, not exceeding
$5,000$7,500, except in counties containing cities of the first
class, where the sum shall not exceed $7,500$10,000, as a
contingent fund for defraying necessary expenses not especially
provided for by law, in preparing and trying criminal cases,
conducting investigations by the grand jury, making
contributions to a statewide county attorney's organization, and
paying the necessary expenses of the county attorney incurred in
the business of the county. All disbursements from such fund
shall be made upon written request of the county attorney by
auditor's warrant, countersigned by a judge of the district
court. Any balance remaining at the end of the year shall be
transferred to the revenue fund.
Sec. 12. [STUDY AND REPORT.]
In consultation with the drug abuse prevention resourcecouncil, the assistant commissioner of the office of drug policyshall review existing drug abuse prevention programs and shalldevelop and recommend to the governor and the legislature astatewide drug abuse prevention policy that emphasizes localefforts and a coordinated approach. The policy must seek tomake most efficient use of available money and other resourcesand to use existing agencies or organizations wheneverpossible. The report and recommendations must be submittedbefore January 1, 1991.
Sec. 13. [TRANSFER OF DRUG PREVENTION PROGRAM.]
Responsibility to administer the federal Anti-Drug AbuseAct in Minnesota is transferred under Minnesota Statutes,section 15.039, from the commissioner of state planning to thecommissioner of public safety.
Sec. 14. [EFFECTIVE DATE.]
Sections 1 to 9 and 12 are effective the day followingfinal enactment. Section 13 is effective October 1, 1989.
ARTICLE 10
DRIVING WHILE INTOXICATED PROVISIONS
Section 1. Minnesota Statutes 1988, section 169.121,
subdivision 1, is amended to read:
Subdivision 1. [CRIME.] It is a misdemeanorcrime for any
person to drive, operate, or be in physical control of any motor
vehicle within this state or upon the ice of any boundary water
of this state:
(a) when the person is under the influence of alcohol;
(b) when the person is under the influence of a controlled
substance, as defined in section 152.01, subdivision 4;
(c) when the person is under the influence of a combination
of any two or more of the elements named in clauses (a), (b),
and (f);
(d) when the person's alcohol concentration is 0.10 or
more;
(e) when the person's alcohol concentration as measured
within two hours of the time of driving is 0.10 or more; or
(f) when the person is knowingly under the influence of any
chemical compound or combination of chemical compounds that is
listed as a hazardous substance in rules adopted under section
182.655 and that affects the nervous system, brain, or muscles
of the person so as to substantially impair the person's ability
to drive or operate the motor vehicle.
Sec. 2. Minnesota Statutes 1988, section 169.121,
subdivision 1a, is amended to read:
Subd. 1a. [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is acrime for any person to refuse to submit to a chemical test ofthe person's blood, breath, or urine under section 169.123 ifthe person's license has been revoked once within the past fiveyears, or two or more times within the past ten years, under anyof the following: this section, or section 169.123, 609.21,subdivision 1, clause (2) or (3), 609.21, subdivision 2, clause(2) or (3), 609.21, subdivision 3, clause (2) or (3), or 609.21,subdivision 4, clause (2) or (3).Subd. 1b. [ARREST.] A peace officer may lawfully arrest a
person for violation of subdivision 1 without a warrant upon
probable cause, without regard to whether the violation was
committed in the officer's presence.
When a peace officer has probable cause to believe that a
person is driving or operating a motor vehicle in violation of
subdivision 1, and before a stop or arrest can be made the
person escapes from the geographical limits of the officer's
jurisdiction, the officer in fresh pursuit of the person may
stop or arrest the person in another jurisdiction within this
state and may exercise the powers and perform the duties of a
peace officer under sections 169.121 and 169.123. An officer
acting in fresh pursuit pursuant to this subdivision is serving
in the regular line of duty as fully as though within the
officer's jurisdiction.
The express grant of arrest powers in this subdivision does
not limit the arrest powers of peace officers pursuant to
sections 626.65 to 626.70 or section 629.40 in cases of arrests
for violation of subdivision 1 or any other provision of law.
Sec. 3. Minnesota Statutes 1988, section 169.121,
subdivision 3, is amended to read:
Subd. 3. [CRIMINAL PENALTIES.] (a) A person who violates
this section or an ordinance in conformity with it is guilty of
a misdemeanor.
The following persons are guilty of a gross misdemeanor:(a)(b) A person is guilty of a gross misdemeanor who
violates this section or an ordinance in conformity with it
within five years of a prior impaired driving conviction underthis section, section 169.129, an ordinance in conformity witheither of them, or a statute or ordinance from another state inconformity with either of them; and(b) A person who violates this section or an ordinance inconformity with it, or within ten years of two or more prior
impaired driving convictions under this section, section169.129, an ordinance in conformity with either of them, or astatute or ordinance from another state in conformity witheither of them. For purposes of this subdivisionparagraph, aprior impaired driving conviction is a prior conviction underthis section, section 84.91, subdivision 1, paragraph (a),section 169.129, section 361.12, subdivision 1, section 609.21,subdivision 1, clause (2) or (3), 609.21, subdivision 2, clause(2) or (3), 609.21, subdivision 3, clause (2) or (3), 609.21,subdivision 4, clause (2) or (3), or an ordinance from thisstate, or a statute or ordinance from another state inconformity with any of them. A prior impaired drivingconviction also includes a prior juvenile adjudication underthis section, section 169.129, an ordinance in conformity witheither of them, or a statute or ordinance from another state inconformity with either of them is a prior convictionthat wouldhave been a prior impaired driving conviction if committed by anadult.
(c) A person who violates subdivision 1a is guilty of agross misdemeanor.(d) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section shall also be responsible for
prosecution of gross misdemeanor violations of this section.
When an attorney responsible for prosecuting gross
misdemeanors under this section requests criminal history
information relating to previousprior impaired driving
convictions under this section from a court, the court must
furnish the information without charge.
Sec. 4. Minnesota Statutes 1988, section 169.121,
subdivision 3b, is amended to read:
Subd. 3b. [HABITUAL OFFENDERS; CHEMICAL USE TREATMENT.] If
a person has been convicted under this sectionsubdivision 1,
section 169.129, an ordinance in conformity with either of them,
or a statute or ordinance from another state in conformity with
either of them, and if the person is then convicted of violating
this sectionsubdivision 1, section 169.129, or an ordinance in
conformity with either of them (1) once within five years of the
first conviction or (2) two or more times within ten years after
the first conviction, the court must order the person to submit
to the level of care recommended in the chemical use assessment
required under section 169.126.
If a person is convicted under section 169.121, subdivision1a, the court shall order the person to submit to the level ofcare recommended in the chemical use assessment required undersection 169.126.
Sec. 5. Minnesota Statutes 1988, section 169.123,
subdivision 2, is amended to read:
Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE
OF TEST.] (a) Any person who drives, operates, or is in physical
control of a motor vehicle within this state or upon the ice of
any boundary water of this state consents, subject to the
provisions of this section and section 169.121, to a chemical
test of that person's blood, breath, or urine for the purpose of
determining the presence of alcohol or a controlled substance.
The test shall be administered at the direction of a peace
officer. The test may be required of a person when an officer
has probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle in violation of
section 169.121 and one of the following conditions exist: (1)
the person has been lawfully placed under arrest for violation
of section 169.121, or an ordinance in conformity with it; or
(2) the person has been involved in a motor vehicle accident or
collision resulting in property damage, personal injury, or
death; or (3) the person has refused to take the screening test
provided for by section 169.121, subdivision 6; or (4) the
screening test was administered and recorded an alcohol
concentration of 0.10 or more.
(b) At the time a test is requested, the person shall be
informed:
(1) that Minnesota law requires the person to take a test
to determine if the person is under the influence of alcohol or
a controlled substance;
(2) that if testing is refused, the person may be subjectto criminal penalties, and the person's right to drive will be
revoked for a minimum period of one year or, if the person is
under the age of 18 years, for a period of one year or until the
person reaches the age of 18 years, whichever is greater;
(3) that if a test is taken and the results indicate that
the person is under the influence of alcohol or a controlled
substance, the person will be subject to criminal penalties and
the person's right to drive may be revoked for a minimum period
of 90 days or, if the person is under the age of 18 years, for a
period of six months or until the person reaches the age of 18
years, whichever is greater;
(4) that after submitting to testing, the person has the
right to consult with an attorney and to have additional tests
made by someone of the person's own choosing; and
(5) that if the person refuses to take a test, the refusal
will be offered into evidence against the person at trial.
(c) The peace officer who requires a test pursuant to this
subdivision may direct whether the test shall be of blood,
breath, or urine. Action may be taken against a person who
refuses to take a blood test only if an alternative test was
offered and action may be taken against a person who refuses to
take a urine test only if an alternative test was offered.
Sec. 6. Minnesota Statutes 1988, section 169.126,
subdivision 4, is amended to read:
Subd. 4. [CHEMICAL USE ASSESSMENT.] (a) Except as
otherwise provided in paragraph (d), when an alcohol problem
screening shows that the defendant has an identifiable chemical
use problem, the court shall require the defendant to undergo a
comprehensive chemical use assessment conducted by an assessor
qualified under rules adopted by the commissioner of human
services under section 254A.03, subdivision 3. Notwithstandingsection 13.82, the assessor shall have access to any policereports, laboratory test results, and other law enforcement datarelating to the current offense or previous offenses that arenecessary to complete the evaluation. An assessor providing a
chemical use assessment for the court may not have any direct or
shared financial interest or referral relationship resulting in
shared financial gain with a treatment provider. If an
independent assessor is not available, the court may use the
services of an assessor authorized to perform assessments for
the county social services agency under a variance granted under
rules adopted by the commissioner of human services under
section 254A.03, subdivision 3. An appointment for the
defendant to undergo the chemical use assessment shall be made
by the court, a court services probation officer, or the court
administrator as soon as possible but in no case more than one
week after the defendant's court appearance. The comprehensive
chemical use assessment must be completed no later than twothree weeks after the appointment datedefendant's courtappearance. If the assessment is not performed within this timelimit, the county where the defendant is to be sentenced shallperform the assessment. The county of financial responsibilityshall be determined under chapter 256G.
(b) The chemical use assessment report must include a
recommended level of care for the defendant in accordance with
the criteria contained in rules adopted by the commissioner of
human services under section 254A.03, subdivision 3.
(c) The state shall reimburse the county for the entire
cost of each chemical use assessment and report at a rate
established by the department of human services up to a maximum
of $100 in each case. The county may not be reimbursed for the
cost of any chemical use assessment or report not completed
within the time limit provided in this subdivision.
Reimbursement to the county must be made from the special
account established in subdivision 4a.
(d) If the preliminary alcohol problem screening is
conducted by an assessor qualified under rules adopted by the
commissioner of human services under section 254A.03,
subdivision 3, consists of a comprehensive chemical use
assessment of the defendant, and complies with the chemical use
assessment report requirements of paragraph (b), it is a
chemical use assessment for the purposes of this section and the
court may not require the defendant to undergo a second chemical
use assessment under paragraph (a). The state shall reimburse
counties for the cost of alcohol problem screenings that qualify
as chemical use assessments under this paragraph in the manner
provided in paragraph (c) in lieu of the reimbursement
provisions of section 169.124, subdivision 3.
Sec. 7. Minnesota Statutes 1988, section 609.21, is
amended to read:
609.21 [CRIMINAL VEHICULAR OPERATION.]
Subdivision 1. [RESULTING IN DEATH.] Whoever causes the
death of a human being not constituting murder or manslaughter
as a result of operating a vehicle as defined in section 169.01,
subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more,
is guilty of criminal vehicular operation resulting in death and
may be sentenced to imprisonment for not more than fiveten
years or to payment of a fine of not more than $10,000$20,000,
or both.
Subd. 2. [RESULTING IN INJURY.] Whoever causes great
bodily harm to another, as defined in section 609.02,
subdivision 8, not constituting attempted murder or assault as a
result of operating a vehicle defined in section 169.01,
subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more,
is guilty of criminal vehicular operation resulting in injury
and may be sentenced to imprisonment for not more than threefive years or the payment of a fine of not more than
$5,000$10,000, or both.
Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever
causes the death of an unborn child as a result of operating a
vehicle defined in section 169.01, subdivision 2, or an aircraft
or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more, is guilty of criminal vehicular
operation resulting in death to an unborn child and may be
sentenced to imprisonment for not more than fiveten years or to
payment of a fine of not more than $10,000$20,000, or both. A
prosecution for or conviction of a crime under this subdivision
is not a bar to conviction of or punishment for any other crime
committed by the defendant as part of the same conduct.
Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] Whoever
causes great bodily harm, as defined in section 609.02,
subdivision 8, to an unborn child who is subsequently born
alive, as a result of operating a vehicle defined in section
169.01, subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more, is guilty of criminal vehicular
operation resulting in injury to an unborn child and may be
sentenced to imprisonment for not more than threefive years or
to payment of a fine of not more than $5,000$10,000, or both.
A prosecution for or conviction of a crime under this
subdivision is not a bar to conviction of or punishment for any
other crime committed by the defendant as part of the same
conduct.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 7 are effective August 1, 1989, and apply tocrimes committed and violations occurring on or after that date.
ARTICLE 11
COMMUNITY RESOURCE PROGRAM
Section 1. [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this sectionapply to sections 1 to 8.Subd. 2. [CITY.] "City" means a city of the first class asdefined in section 410.01.Subd. 3. [CITY COUNCIL.] "City council" means the citycouncil of a city as defined in subdivision 2.Subd. 4. [COMMUNITY RESOURCE PROGRAM.] "Community resourceprogram" or "program" means a community resource program adoptedaccording to section 3.Subd. 5. [TARGETED NEIGHBORHOOD.] "Targeted neighborhood"means an area including one or more census tracts as determinedand measured by the Bureau of Census of the United StatesDepartment of Commerce that a city council determines byresolution meets the criteria of section 2, subdivision 2, andany additional area designated under section 2.Subd. 6. [ASSISTED HOUSING.] "Assisted housing" means:(1) the housing is either owned or under the control of ahousing agency and is used in a manner authorized by sections469.001 to 469.047;(2) the housing is defined as an emergency shelter ortransitional housing under section 272.02, clause (12) or (19);(2) the housing is classified as class 5c property undersection 273.13, subdivision 25, paragraph (c), clause (4); or(4) the housing is a building that receives a low-incomehousing credit under section 242 of the Internal Revenue Code of1986; or which meets the requirements of that section, and wasunder construction or rehabilitation prior to May 1, 1988.
Sec. 2. [DESIGNATION OF TARGETED NEIGHBORHOODS.]
Subdivision 1. [CITY AUTHORITY.] A city may by resolutiondesignate targeted neighborhoods within its borders afteradopting detailed findings that the neighborhoods meet theeligibility requirements in subdivision 2 or 3.Subd. 2. [ELIGIBILITY REQUIREMENTS FOR TARGETED
NEIGHBORHOODS.] An area within a city is eligible fordesignation as a targeted neighborhood if the area meets atleast two of the following criteria:(1) the area had an unemployment rate that was twice theunemployment rate for the Minneapolis and St. Paul standardmetropolitan statistical area as determined by the 1980 federalcensus;(2) the median household income in the area was no morethan half the median household income for the Minneapolis andSt. Paul standard metropolitan statistical area as determined bythe 1980 federal census; or(3) the area is characterized by residential dwelling unitsin need of substantial rehabilitation. An area qualifies underthis clause if 25 percent or more of the residential dwellingunits are in substandard condition as determined by the city or70 percent or more of the residential dwelling units were builtbefore 1940 as determined by the 1980 federal census.Subd. 3. [ADDITIONAL AREA ELIGIBLE FOR INCLUSION IN
TARGETED NEIGHBORHOOD.] (a) The city may add to the areadesignated as a targeted neighborhood under subdivision 2 acontiguous area of one-half mile in all directions from thedesignated targeted neighborhood.(b) Assisted housing is also considered a targetedneighborhood.
Sec. 3. [COMMUNITY RESOURCES PROGRAMS.]
Subdivision 1. [COMMUNITY RESOURCES PROGRAM; REQUIREMENT.]
A city must prepare a comprehensive community resourcesprogram. The program must describe the specific communityresource services and means by which the city intends to pursueand implement the program objectives outlined in subdivision 2for each targeted neighborhood served under the program and thecommunity initiatives program described in section 4.Subd. 2. [COMMUNITY RESOURCES PROGRAM OBJECTIVES.] Acommunity resources program must address at least the followingobjectives:(1) increasing community safety and reducing crime;(2) enhancing family stability including school readiness;(3) providing opportunities for residents to becomeself-supporting; and(4) building the capacity of neighborhood-basedorganizations to create cohesiveness and stability in theircommunities.Subd. 3. [COMMUNITY PARTICIPATION.] A city must adopt aprocess to involve the residents in targeted neighborhoods inplanning, developing, and implementing the community resourceprogram.Subd. 4. [ADVISORY COMMITTEE.] The city council of a cityrequesting state financial assistance under section 5 shallestablish an advisory council to assist the city in developingand implementing a community resource program. The advisorycommittee may include, but is not limited to: city councilmembers, county commissioners, school board members, communityservice representatives, business community representatives, andresident representatives of targeted neighborhoods. The citymay designate an existing entity as the advisory committee ifthe entity meets the membership requirements outlined in thissubdivision.Subd. 5. [PROGRAM APPROVAL.] A city may approve or modifya community resource program only after holding a public hearing.Notice of the hearing must be provided in a newspaper of generalcirculation in the city and in the targeted neighborhoods notless than ten days nor more than 30 days before the date of thehearing. In addition, the notice shall be published in the mostwidely circulated community newspaper in the targetedneighborhoods.
Sec. 4. [COMMUNITY INITIATIVES PROGRAM.]
A city may establish a community initiatives program aspart of the community resource plan. No more than ten percentof the community resource money may be distributed under thecommunity initiatives program. State money used for thecommunity initiatives program must be used for implementingactivities included in the community resources program.Financial assistance or service contracts awarded to a singlenonprofit organization under this subdivision are limited to$10,000 annually.
Sec. 5. [PAYMENT AND ALLOCATION.]
Subdivision 1. [PAYMENT OF STATE MONEY.] Upon receivingfrom a city the certification that a community resources programhas been adopted or modified, the commissioner of state planningshall, within 30 days after receiving the certification, pay tothe city the amount of state money identified as necessary toimplement the community resources program. State money may bepaid to the city only to the extent that the appropriation limitfor the city specified in subdivision 2 is not exceeded.Subd. 2. [ALLOCATION.] Appropriation to each city shall bein proportion to the city's portion of the combined populationof the cities. The population of each city is determined by themost recent estimates available to the commissioner.
Sec. 6. [ELIGIBLE USES FOR COMMUNITY RESOURCE MONEY.]
Subdivision 1. [ELIGIBLE USES.] The city may use up to 20percent of the community resource money for low-income housingneeds and economic development in targeted neighborhoods. Notmore than 40 percent of this amount may be used to addresslow-income housing needs citywide.If a resident of a targeted neighborhood is a recipient ofresource services and moves to a residence in another part ofthe city, eligibility continues for the community resourcesservices.Subd. 2. [WAY TO GROW.] The city of Minneapolis shallspend $350,000 of the funds received by the city under section 5on the Minneapolis way to grow program.
Sec. 7. [CITY POWERS.]
A city may exercise any of its corporate powers inimplementing the community resources program. In addition tothe authority granted by other law, a city, through a requestfor proposal process, may make grants, loans, and other forms ofassistance to and enter into service contracts with,individuals, for profit and nonprofit corporations, and otherorganizations to implement a community resources program.
Sec. 8. [ANNUAL REPORT.]
A city must provide an annual report on the status of theprogram implementation and analyze whether the intendedobjectives are being achieved. The report should be presentedto the commissioner and the legislature.
ARTICLE 12
MULTIDISCIPLINARY CHEMICAL ABUSE PREVENTION TEAM
Section 1. [299A.40] [MULTIDISCIPLINARY CHEMICAL ABUSE
PREVENTION TEAM.]
Subdivision 1. [ESTABLISHMENT OF TEAM.] A county, amulticounty organization of counties formed by an agreementunder section 471.59, or a city with a population of no morethan 50,000, may establish a multidisciplinary chemical abuseprevention team. The chemical abuse prevention team mayinclude, but not be limited to, representatives of health,mental health, public health, law enforcement, educational,social service, court service, community education, religious,and other appropriate agencies, and parent and youth groups.For purposes of this section, "chemical abuse" has the meaninggiven in Minnesota Rules, part 9530.6605, subpart 6. Whenpossible the team must coordinate its activities with existinglocal groups, organizations, and teams dealing with the sameissues the team is addressing.Subd. 2. [DUTIES OF TEAM.] (a) A multidisciplinarychemical abuse prevention team shall:(1) assist in coordinating chemical abuse prevention andtreatment services provided by various groups, organizations,and agencies in the community;(2) disseminate information on the chemical abuseprevention and treatment services that are available within thecommunity in which the team is established;(3) develop and conduct educational programs on chemicalabuse prevention for adults and youth within the community inwhich the team is established;(4) conduct activities to address other high-risk behaviorsrelated to chemical abuse, including, but not limited to,suicide, delinquency, and family violence; and(5) conduct other appropriate chemical abuse preventionactivities.(b) The team, in carrying out its duties under thissubdivision, must focus on chemical abuse issues and needsunique to the community in which the team is established. Indefining the needs and goals of the team, the team shall consultwith the governmental body of the city or county in which theteam is established. When a team is established in amulticounty area, the team shall consult with representatives ofthe county boards of each county.(c) The team, in carrying out its duties, shall comply withthe government data practices act in chapter 13, andrequirements for confidentiality of records under Code ofFederal Regulations, title 42, sections 2.1 to 2.67, as amendedthrough December 31, 1988, and section 254A.09.Subd. 3. [GRANTS FOR DEMONSTRATION PROGRAM.] The assistantcommissioner of the office of drug policy may award a grant to acounty, multicounty organization, or city, as described insubdivision 1, for establishing and operating amultidisciplinary chemical abuse prevention team. The assistantcommissioner may approve up to five applications for grantsunder this subdivision. The grant funds must be used toestablish a multidisciplinary chemical abuse prevention team tocarry out the duties in subdivision 2.Subd. 4. [ASSISTANT COMMISSIONER; ADMINISTRATION OF
GRANTS.] The assistant commissioner shall develop a process foradministering grants under subdivision 3. The process must becompatible with the community grant program administered by thestate planning agency under the Drug Free Schools andCommunities Act, Public Law Number 100-690. The process foradministering the grants must include establishing criteria theassistant commissioner shall apply in awarding grants. Theassistant commissioner shall issue requests for proposals forgrants under subdivision 3. The request must be designed toobtain detailed information about the applicant and otherinformation the assistant commissioner considers necessary toevaluate and select a grant recipient. The applicant shallsubmit a proposal for a grant on a form and in a mannerprescribed by the assistant commissioner. The assistantcommissioner shall award grants under this section so that 50percent of the funds appropriated for the grants go to themetropolitan area comprised of Anoka, Carver, Dakota, Hennepin,Ramsey, Scott, and Washington counties, and 50 percent of thefunds go to the area outside the metropolitan area. The processfor administering the grants must also include procedures formonitoring the recipients' use of grant funds and reportingrequirements for grant recipients.
Sec. 2. [MONITORING AND REPORT OF CHEMICAL ABUSE
PREVENTION TEAMS.]
The assistant commissioner of the office of drug policyshall monitor the activities of teams funded under thedemonstration program for multidisciplinary chemical abuseprevention teams under section 1, and report to the legislatureon or before January 1, 1991, on the teams' operation andprogress.
Presented to the governor May 30, 1989
Signed by the governor June 1, 1989, 11:40 p.m.